VIJAYALAXMI Vs. SRI PARAMSHESHWAR

JUDGEMENT

(1.) This is a claimant's appeal, being aggrieved by the impugned judgment and award dated 13.3.08 passed in MVC No. 1146/08 on the file of the Prl. Civil Judge (Sr. Dn.) and MACT at Gulbarga. The Tribunal, by its impugned judgment and award, awarded a sum of Rs. 6,78.260/- under different heads with interest at 6% p.a. from the date of petition till realisation as against the claim of the Appellant for Rs. 30,75,000/- on account of the injuries sustained in the road traffic accident. The Appellant herein claiming that, the quantum of compensation awarded by the Claims Tribunal is inadequate in so far as it relates to pain and suffering, conveyance, nourishment, food and attendant's charges, loss of amenities, discomforts and unhappiness, loss of marriage prospects and future medical expenses and requires enhancement:, presented this appeal.

(2.) The brief facts of the ease are that, the Appellant claimed that, she is aged 24 years, studying in II BHMS and she was hale and healthy prior to the accident. Unfortunately, at about 11.30 a.m. on 16.6.2008 when she was proceeding on her TVS Seooty bearing registration No. KA.32/U-3058 near Rajapur ring road, at that time, suddenly a lorry bearing registration No. KA.39/6084 came at a high speed in a rash and negligent manner and dashed to the TVS seooty of the Appellant, due to which she fell down and sustained grievous injuries. Immediately, she has been shifted to Basaveshwara Hospital at Gulbarga. Thereafter, she was shifted at Dr. Mallikarjun Hospital, Solapur and she has undergone treatment for more than 37 days and has also undergone 5-6 operations. After examining the Appellant, the Doctor has assessed the permanent disability of 60% to the whole body and the further case of the Appellant is that, she has spent huge sums of money towards medical expenses, conveyance, food, nourishment, attendant's charges and there is an amputation of right hand thumb and she has lost complete mobility of right hand up to the shoulder. Contending all these facts, she filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 30,75,000/-. The said claim petition had come up for consideration before the Tribunal and the Tribunal inturn after hearing the Appellant and Respondents and after evaluation of the oral and documentary evidence and other relevant materials available on record, has allowed the petition in part and awarded a sum of Rs. 6,78,260/- with interest at 6% p.a. from the date of petition till the date of realisation. But, however the Tribunal has committed a grave error in not awarding just and reasonable compensation towards pain and suffering, conveyance, nourishment, food and attendant's charges, loss of amenities, discomfort and unhappiness, loss of marriage prospects and future medical expenses. Therefore, the Appellant felt necessitated to present this appeal, seeking enhancement of compensation.

(3.) The principal submission canvassed by the learned Counsel appearing for the Appellant is that, the Tribunal has committed an error in not considering the nature of injuries sustained and that, there is amputation of right hand thumb and she has lost completely the right hand up to the shoulder and she has undergone operation for more than 5-6 times and was an inpatient for about 37 days and the doctor has assessed the permanent disability at 60% to the whole body and in not awarding just compensation towards pain and suffering, conveyance, nourishment, food and attendant's charges, loss of amenities, discomfort and unhappiness, loss of marriage prospects and future medical expenses. The doctor has adduced in his evidence that, the cost of future medical expenses would be more than Rs. 4.00.000/-. Therefore, he submitted that the judgment and award passed by the Tribunal is liable to be modified and just and reasonable compensation should be awarded having regard to the future prospects of an young girl aged about 23 years.