ABHIMANYU PARTAP SINGH Vs. NAMITA SEKHON

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal arises out of the judgment dtd. 21/5/2019 passed by the Single Judge of the High Court of Punjab and Haryana at Chandigarh in First Appeal Order No.4829 of 2002 preferred by the claimant/appellant (hereinafter to be referred to as "claimant"), whereby the said appeal was partly allowed and the compensation granted to the tune of Rs.9,00,000.00 by the Motor Accident Claims Tribunal, Chandigarh (hereinafter to be referred to as "MACT") in MACT Case No. 29 of 1997 was enhanced to Rs.23,20,000.00.

(3.) The claimant filed a Claim Petition under Sec. 166 of the Motor Vehicles Act, 1988 (in short "M.V. Act") asking compensation to the tune of Rs.200,000,00.00 (two crores only) in various heads on account of permanent disability caused to him arising out of a road accident occurred on 10/11/1996, for which FIR was lodged on 11/11/1996. At the time of accident, claimant was five and half years of age and a student of UKG, suffered multiple injuries like cerebral edema/brain edema, fracture right part of temporal bone, spinal cord, lower limbs, due to which he was having loss of speech, convulsions, injuries on face. The lower limb of claimant was completely paralysed resulted into 100% disability, his hope to live blissful life was lost due to those injuries. It is said his father was a professor and mother was an IAS officer, the claimant was having desire to become Executive/IAS officer because of his background. On account of head injuries including the fracture in temporal bone, the development and capacity of the brain was not comparable to a common man. Due to injuries in lower limbs, he lost the senses for calls of nature and needs all time attendants for his daily routine work. He cannot move without wheel chair or motorized vehicle, thus his future is in complete jeopardy.