KUMARI SEEMA Vs. PREM PRAKASH DUBEY & ORS

JUDGEMENT

(1.) Impugned Award of 16th January, 2013 grants compensation of Rs.2,16,421/- with interest @ 7.5% p.a. to student- Kumari Seema, aged 15 years, on account of grievous injury suffered by her in a vehicular accident, which took place on 24th July, 2010. The facts, as noticed in the impugned Award, are as under:-

(2.) To render the impugned Award, learned Motor Accident Claims Tribunal (hereinafter referred to as "the Tribunal") has relied upon evidence of father of Injured and as per Disability Certificate of 5th September, 2012 (Ex. PW1/P), Seema (hereinafter referred to as Injured) had suffered permanent disability of 27% in relation to left lower limb. The breakup of compensation awarded by the Tribunal to the Injured, is as under:-

(3.) Learned counsel for appellant-Injured seeks enhancement of compensation on the ground that the Tribunal has erred in not making any addition towards "future prospects". It is also submitted that the income of the Injured ought to have been assessed on minimum wages payable to a matriculate and not on notional basis. On behalf of injured, it is submitted that the compensation granted under the "non pecuniary heads" is on lower side and it needs to be suitably enhanced. Thus, enhancement of compensation is sought by counsel for appellant-Injured.