1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 5. FA/1505/2009 ( M/s National Insurance Co. Ltd. vs. Pooja Mahadev Dhange and another) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.V.N.Upadhye, Adv., for the applicant. Mr.S.S.Deshmukh, Adv., for respondent no.1. ... CORAM: K.U.CHANDIWAL, J. DATE: 18/7/2009 P.C.:- 1. Heard Counsel. By their consent, the matter is finally heard at admission stage. The Counsel possess the record, hence requested not to call original record. 2. On 24th May, 2005, Pooja, the victim, aged about 9 years, was standing by the side of the road. A tempo bearing No.MH-03-403, coming from direction of Kumtha side, was in excessive speed and the driver was negligent in driving, resulting in dash to the said Pooja, causing multiple grievous injuries on her hand, over the body. She was shifted to various hospitals. She was in a unconscious condition. She was required to be 2 kept on ventilator till 7th June, 2005. Unfortunately, on her regaining consciousness, it revealed that she has lost her sight. The medical treatment to improve her vision did not yield result. She was discharged from the hospital. There was watery discharge from nostrils resulting in she becoming febrile. She was shifted to J.J.Hospital at Mumbai, then admitted at Swami Ramanand Teerth Medical College at Ambejogai. She suffered infection and vomitting. She was again moved to J.J.Hospital, Mumbai, for treatment on 12.11.2005 and was required to attend concerned hospital for her regular treatment. The Medical Officer, on 14.9.2005, based on loss of permanent eye sight/vision, certified her to be 100 per cent disabled. 3. On analysis of the evidence, the learned Member, Motor Accident Claims Tribunal, Ambejogai, directed the respondents, including the appellant Insurance Company, to shell out an amount of Rs. 4,69,745/- inclusive of Rs.25,000/- under interim award with interest at the rate of 8 per cent per annum. There were directions to deposit an amount of Rs.3,50,000/- in a Nationalized Bank till she attained age of majority. 4. The appellant Insurance Company feels aggrieved by the award on the ground that, 3 (a) the driver of the offending vehicle did not possess a valid driving license and, consequently, no indemnification from the appellant insurance company. (b) The award for future medical expenses of Rs.1,25,000/- carries interest, which is contrary to law. (c) The award is excessive. 5. With the assistance from both the Counsel, I have gone through the license of the Driver Ramesh Rama. The driving license at one stage refers "Light Motor Vehicle (N.T.)" and, on the other part, it refers "Motor vehicle of the following description". The license to drive a motor vehicle other than the transport motor vehicle is valid. The license to drive, transport vehicle is valid from 20th Nov.,2001 to 19th Nov., 2021. The third portion of the license indicates, "authorized to drive transport vehicle". The number referred is 28884 dt.20.11.2001. Then it refers, authorized to drive transport vehicle w.e.f. 20.11.2001 o 19.11.2021. Then it refers to MV/CAB (Car - blurred to read exact description), badge No.3094. Taking recourse to totality of the license, I am of the opinion that the driver was possessing a 4 valid authorization to drive the transport vehicle, including tempo, which he was driving on the date of the accident. 6. The award of Rs.1,25,000/- as and towards future medical expenses does not require any interference. For the claim of future medical expenses, there cannot be past interest. 7. The contention that award is excessive, is difficult to accede to. The victim is 9 years old, totally parasite. Consequently, her parents are required to attend her to various places, including hospitals at Mumbai, suffering costs of transport and her welfare. That apart, the permanent disability being proved, her entire life has become a burden to the parents, she has lost all prospects and her hopes for her future life, including matrimonial prospects. The total blindness of both the eyes and the discharge of CSF as per certification Exh.43, will be continuing throughout her life. In this situation, considering the future medical expenses to be spent, the nature of disability, the award with the bifurcations made by the learned Judge, including reimbursement of actual medical expenses of Rs. 69,745/- does not require any interference. Hence, order. ORDER 5 a) Appeal partly allowed. The award will not carry interest on the amount of Rs.1,25,000/-. b) No costs. c) Other details in the award remain unaltered. The statutory deposit of Rs.25,000/- be remitted to the learned Member, Motor Accident Claims Tribunal, Ambejogai. d) In the light of observation, needless to add, the claimants will be entitled to the amount deposited, subject to above condition, from the learned Member, Motor Accident Claims Tribunal, Ambejogai. Excess amount, if any, shall be reimbursed to the appellant Insurance Company. (K.U.CHANDIWAL) JUDGE agp/fa1505-09