^.o-;••^ <t<^A-" •^ ,.^1^ IN THE HIGH COURT OF JUDICATURE.AT BILASPUR CHHATTISGARH M.A.C.N^ j'/2009 J . I 'Ssi t51U] APPELLANT Manager National Insurance Company Ltd Divisional Office (a\^'.^a-^"1 Kaipur Mobin Mahal Second Flour ^3^ "<^^' .;%°'k Driver:— Mn"h '^H^§? G.E Road ,Raipur Through Authorised Signatory National Inszirance Coinpany Ltd Divisional Office -B-l Taha Complex ,Ring Road II ,Priyadarshani Naga Bilaspur (C. G ). VERSUS RESPONDENTS :-l.Minor Pitanjali D/o Vijay (Clainiant) ^3' Kuinar Through Next Friend Natural Father Vijay Kumar Deshinukh, aged 45 years R/o Kurud Road Purani Basti Kohka Thana Supela District Durg. 2. Umashanker Gond S/o Shivnath Gond presently R/o Mahamaya Steel Company Raipur Thana Urla District Raipzir. 3. Manger Mahamaya Stegl Company tc /-? f^^_S^^ A/^^'-y B;U,t«;;_^^H^J^^_^::'•'^AT. Thaha Urla Distric't RaipuB".' '1*7 Owner:— <. APPEAL U/S 173 OF THE MOTOR VEHICLE ACT, 1988 Appeal Valuedat Rs.3^1,250 - l ^-d—daled_j2ZJU.2009 1 HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.C. No. 1249/2009 APPELLANT Manager, National Insurance Company Ltd. Versus RESPONDENTS Minor Peetanjali and others DB:- HON'BLE SHRI I.M. OUDDUSI & HON'BLE SHRI N.K. AGARWAL, JJ PRESENT:- Shri B. N. Nande, Adv., for the appellant. Shri Vaibhav Govardhan, Adv., for the respondent No. 1. Shri Manish Upadhyay, Adv., for the respondents No. 2 and3. O R A L O R D E_R (22-10-2010) Per I.M. Quddusi, J. 1. This appeal has been filed by the appellant/ Insurance Company against the award dated 27-1-2009 passed by the IInd Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 65/2008. 2. Facts of the case in brief are that on 13-1-2008, Ku. Peetanjali aged about 13 years, was going as pillion rider on a Scooter bearing registration No. CG-7/ZR- 6259 being driven by her uncle. Near Chandra Maurya Talkies, Bhilai Chowk, the Tanker bearing registration No. CG-7/C-3502 being driven by respondent No. 2/Umashankar Gond, dashed the scooter, as a result of which Ku. Peetanjali sustained grievous-injuries and she was hospitalized in Chandulal Chandr^kar Hospital where she reroained hospitalized till 20-2- 2008 for treatment. The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 4,75.000/- as compensation for the injuries sustained in the accident. :^{ 3. Learned Tribunal vide impugned award awarded Rs. 3,61,250/- to the claimants along with interest at the rate of 6% per annum from the date of application till its payment if the amount is paid within a period of 2 months. If the payment is not made within a period of two monfhs, then the amount of award shall carry penal interest at the rate of 8% per annum. 4. We have perused the impugned award and the record of the Tribunal. 5. The age of the injured was 13 years at the time of accident. The Tribunal has taken notional income of the claimant as Rs. 15,000/- per annum and considering the permanent disability to the extent of 25%, loss of income has been assessed at Rs. 3,750/- per annum. Looking to the age of the claimant, multiplier of 15 has been used as per IInd Schedule of the Act, and Rs. 56,250/- has been awarded towards loss of income and there is no scope of interference in the above finding. 6. However, since the injured is a girl and attaining the age of marriage, there will be difficulty in getting her married being permanent disabled to the extent of 25%. The Tribunal has awarded Rs. 1 lac towards treatment as there are receipts and cash memo to the extent of Rs. 88,280/-; for transport expenses, Rs.10,000/- has been awarded; for expenses towards assistance, Rs. 10,000/- has been awarded; Rs. 10,OQO/- for special diet; and Rs, 1,50,0007- has been awarded towards pains and sufferings, which in -our opinion, is excessive besides the loss of income i.e. Rs. 56,250/-. Therefore, following amount is liable to be awarded on different heads:- i. Fortreatment Rs. 1,00,000/- ii. For future breatment as there Rs. 25,000/- are chances of further operation ^ iii. For marriage prospects iv. For special diet v. For pains and suffenngs vi. For loss of inconie :-iSs>i;"' Total Rs. 25,000/- Rs. 10,000/- Rs. 15,000/- Rs. 56,250/- Rs. 2,31,250/- 7. In view of above, the award of the Tribunal is modified to the extefat that the claimants shall be entitled to get Rs. 2,31,250/- instead of Rs. 3,61,250/- along with intei-est at the rate of 6% per annum from the date of application till its payment. Out of above amount, Rs. 1,50.000/- shall be kept in fueed deposit for a period of six years and rest amount be paid to the claimant through account payee cheque. 6. In the result, the appeal is allowed in part. 9. No order as to costs. Sd/- I.M.Quddussi Judge Sd/- N.K.AgarwaI Judge ^