N JYOTI Vs. PEER SAB

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 15.6.2006 passed in MVC No. 26/2002 on the file of the Addl. District Judge & MACT, Chikmagalur (for short, Tribunal'). The Tribunal by its impugned judgment and award, awarded compensation of Rs. 1,70,000/- with interest at 6% p.a. from the date of petition till the date of realisation, on account of injuries sustained by the claimant in road traffic accident, on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement. The brief facts of the case are that: the claimant was aged about 20 years and was prosecuting her studies. She was hale and healthy prior to the accident. When things stood thus, on 29.11.2001, the appellant after completing her classes at Chikmagalur was proceeding to her house on Chikamagalur-Mallandur road and when she was going at Indavara village, the driver of the lorry bearing No. MYX-7356 drove the same in rash and negligent manner with high speed and dashed against the appellant & due to the impact, she fell down and sustained the following injuries:-

(2.) It is the case of the appellant that she has spent considerable amount towards "medical expenses, conveyance, nourishing food and attendant charges" etc., and as per the evidence of Doctor-PW-3, the claimant has no chance of getting back to her original position and she has also sustained permanent disability to her left waist and pelvis and she cannot marry and bear children as she has sustained the above injuries in the accident. Taking all these relevant factors into consideration, she filed claim petition under Section 166 of M.V. Act claiming compensation of Rs. 10.00 lakhs against the respondents. Said matter had come up for consideration before the Tribunal. The Tribunal in-turn, after considering the oral evidence of PWs-1 to 3 and documentary evidence at Exs-P1-P38, avocation and nature of injuries sustained, allowed the claim petition in part, awarding compensation of Rs. 1,70,000/-. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal seeking enhancement of compensation.

(3.) The submission of the learned counsel for the appellant at the outset is that the Tribunal has erred in not awarding reasonable compensation under the heads "injury, pain and suffering", "loss of amenities, disability, discomfort and unhappiness", "future medical expenses" and "marriage prospects". He has specifically contended in the memorandum of appeal that the Tribunal has failed to award any compensation under the heads 'conveyance, nourishing food, attendant charges', "loss of education for one academic year" and "loss of future income". Learned counsel for the appellant further submits that the appellant is not in a position to lead life on par with others i.e., she cannot enjoy marital life and she is not in a position to give birth to a child, she is nothing but a dead wood and a burden to her parents throughout her life. This relevant aspect has not been looked into nor considered by the Tribunal and therefore, the impugned judgment and award is liable to be modified by enhancing just and reasonable compensation.