SHREYA GOEL Vs. MUKESH KUMAR AND ORS.

JUDGEMENT

(1.) The appellant (claimant) then 9 years old, was travelling in motor vehicle make Indica bearing registration no. DL 7C A 2877, driven by her father Rakesh Goel, on 01.06.2002, with certain other persons, when it met with an accident involving another motor vehicle, it being a jeep bearing registration no. HR 02 H 9914, which was admittedly insured against third party risk covering the period in question with the third respondent (insurer). A number of claim petitions were filed including for and on behalf of the appellant (it being MACT 211/04/03) instituted on 14.07.2003. All the said claim petitions were clubbed together and inquiry held by the motor accident claims Tribunal (Tribunal), it culminating into judgment dated 01.10.2008, returning a finding that the accident had occurred on account of negligent driving of both the vehicles, the responsibility being equally apportioned.

(2.) The Tribunal upheld the claim of compensation for and on behalf of the appellant and assessed it in lump sum amount of Rs. 6 lakhs but considering the "blameworthiness" of the driver, directed the amount of Rs. 3 lakhs only to be paid, this with interest @ 7.5% per annum, the responsibility to pay having been fastened on the insurer.

(3.) The present appeal was filed questioning the method of calculation of compensation by the Tribunal and seeking enhancement. It has been pointed out that the claimant had suffered extensive injuries including grievous ones which required prolonged treatment and surgical procedures, the injuries having resulted in loss of some teeth as also disfigurement which has necessitated continued treatment inclusive for plastic surgery. It was pointed out that the Tribunal did not embark upon the necessary exercise of making the assessment for compensation on account of loss of studies which resulted in the academic career and gainful employment of the appellant being pushed back by a year.