JUDGMENT : J.K. Maheshwari, J. Assailing the award dated 17.9.2010 passed by the Motor Accidents Claims Tribunal, Anuppur in Claim Case No. 22 of 2009 on the point of inadequacy of compensation, the injured appellant has preferred this appeal u/s 173 of the Motor Vehicles Act, 1988 for an accident which took place on 26.11.2007 in which she sustained injuries in her left hand, head and right cheek. The appellant had filed the claim petition u/s 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 17,50,000 for the injuries sustained by her. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs. 1,85,000. The certificate of permanent disability, Exh. 12, is available on record. The Tribunal believing the certificate of permanent disability, Exh. P12 recorded a finding as regard to the permanent disability to the extent of 70 per cent but directed to pay the compensation in lump sum. 2. As the incident occurred, negligence of driver in driving the offending vehicle, the issues of liability jointly and severally to pay compensation have been decided recording the findings in favour assailed at the instance of the respondents, i.e., owner, driver or the insurance company by filing cross-appeal or cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paras. 3. Mr. Pramod Thakre, learned counsel representing the appellant, contends that looking to the injuries sustained by the appellant, its nature, the certificate of permanent disability, percentage of disability as recorded by the Tribunal is on lower side commensurate to the future loss of earnings on account of disability. The earning has been accepted on lower side and the multiplier has also not been properly applied for by awarding the future loss of earnings. In other heads like medical expenses, attendant charges, conveyance, special diet, mental pain and suffering, loss of wages during treatment, the amount so awarded is also inadequate. In view of the foregoing submissions, enhancement of the compensation so awarded by the Claims Tribunal is prayed for. 4. On the other hand Mr.
In other heads like medical expenses, attendant charges, conveyance, special diet, mental pain and suffering, loss of wages during treatment, the amount so awarded is also inadequate. In view of the foregoing submissions, enhancement of the compensation so awarded by the Claims Tribunal is prayed for. 4. On the other hand Mr. Ashish Vaidya, learned counsel representing the respondent insurance company, contends in support of the findings of the Claims Tribunal and submitted that the compensation as awarded by the impugned award appears to be just and reasonable, and interference by this court for enhancement of the compensation is not warranted. 5. After having heard learned counsel appearing for the parties and on perusal of the record, it is found that it is a case wherein the appellant Poonam, a girl aged 9 years suffered with amputation of left hand just below shoulder. In such a case of amputation, wherein future prospects of an unmarried girl were also adversely affected, the amount awarded by the Claims Tribunal at Rs. 1,85,000 does not appear to be justifiable and is meagre. However, Rs. 3,15,000 by lump sum more is enhanced to make out the total sum of compensation of Rs. 5,00,000 as awarded in case of amputation. The enhanced amount shall be payable along with interest from the date of filing of the claim petition. In view of the foregoing discussions, the appeal succeeds and is hereby allowed in part. Appellant is held entitled to receive the enhanced amount of Rs. 3,15,000 in addition to the amount of compensation already awarded by the Claims Tribunal making a total compensation Rs. 5,00,000. The enhanced amount shall carry interest at the rate of 7.5 per cent per annum from the date of filing of claim petition till its realization. It is made clear that in the present case on the enhanced amount 2.5 per cent court-fee is leviable which shall be payable before the Claims Tribunal, however, after payment of court-fee, claimants would be entitled to get such amount. In the facts of the case, parties are directed to bear their own costs.