LAWS(DLH)-2017-11-162

SIMRITA Vs. NATIONAL INSURANCE COMPANY LTD & ORS

Decided On November 24, 2017
Simrita Appellant
V/S
National Insurance Company Ltd And Ors Respondents

JUDGEMENT

(1.) The injuries suffered by the appellant, then aged 16 years, in a motor vehicular accident that occurred on 22.08.2008 included loss of left ear lobule. The Motor Accident Claims Tribunal (Tribunal), by its judgment dated 07.03.2012, decided her accident claim case (MACT 51/11/08) and awarded total compensation in the sum of Rs.2,43,717/- directing the first respondent (insurer) to pay the same, it concededly having issued an insurance policy covering third party risk in respect of the offending vehicle for the period in question.

(2.) The said compensation has been computed under various heads including pain and suffering (Rs.30,000/-), cost of medical treatment (Rs.20,923/-), premium of mediclaim policy (Rs.2,000/-), cost of treatment (Rs.5,794/-), cost of future treatment (Rs.1,20,000/-, loss of marriage prospects (Rs.50,000) and conveyance and special diet (Rs.15,000/-).

(3.) The appeal seeking enhancement is pressed only to point out that the compensation under the head of pain and suffering is inadequate and there is further deficiency since there are no damages awarded for dis-figurement.