PRIYA Vs. SUNDER AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimant for enhancement of compensation. The compensation was sought by the minor claimant through Raj Kumar as her next friend. The claim petition brought under Section 166 of the Motor Vehicles Act, 1988 has been allowed by the learned Motor Accidents Claims Tribunal, Bhiwani vide award dated 10.09.2010 vide which a sum of Rs. 1,50,000/- has been awarded as compensation. Priya, the claimant was of the age of 7 years at the time of accident. She suffered injuries on her head. Dr. Ishwar Singh, PW-2 has stated that she suffered from head injury with quadriparesis with ataxia with moderate mental retardation and loss of vision in both eyes, which had resulted in permanent disability to the extent of 89%. The aforesaid particulars of the injuries and other aspects have been denied by the respondents.

(2.) Learned Tribunal vide award dated 10.09.2010 has found a sum of Rs. 36819/- to have been spent in the treatment of the claimant and a consolidated amount of Rs. 1,50,000/- has been awarded as compensation to the claimant on account of loss of income, pain and suffering, transportation charges, attendant charges, etc.

(3.) Learned counsel for the appellant has contended that the claimant has been 7 years of age. According to him, learned Tribunal has not been justified in awarding meagre sum of Rs. 1,50,000/- as compensation to the claimant despite the fact that the life of the claimant has been completely ruined.