•^d M^ ...s^^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Aopellanl Applicant Respondente Non-applicants Misc.Aoeeal No. 332 pf 2003 Kumari Krutika d/o Bhojram age 5 years, (present age 11 years) (minor) through mother Yashoda Sahuji Bhojram, resident of Sector 10, Qtr. No. 9B, Street-28, tah. Durg, distt. Durg. VERSUS 1. S. Senthil Kumar s/o L. Swami Maruti Car No. M.P.-24-G-2882, resident - Shop No. 72(A) Market Sector-10, Bhilai Durg. 2. Shri A.V. Shanta Kumar s/o late K.V. Nayar, resident of Tushara, Ashish Nagar, Risali, Bhilai, tah. & distt. Durg C.G. Owner Maruti Car No.M.P.240- 2882. 3. National Insurance Company Ltd., through Branch Manager, Branch Office, Durg, Gill Complex, near Gurudwara, Station Road, Durg, distt. Durg C.G. Appeal ynder^ectionj73 of the Nlotor Vehicles Act Present: Shri Somkant Verma, counsel for the appellant. Shri H.B. Agrawal, Senior Counsel with Ms. Sareena Khan, counsel for respondents No.1 and 2. Shri Anand Gupta, counsel on behalf of Shri Shreekumar Agrawal, Senior Counsel for respondent No.3. \. '"^.. 'li^31^ts& I J/ M.A. No. 332 of 2003 ORDER (12th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the 8 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 24.12.2002, passed in Claim Case No.06/2002. 2) As against the compensation of Rs.8,44,200/- claimed by appellant/claimant Ku. Krutika, a minor girl aged about 5 years, by filing a claim petition through her mother Yashoda Sahuji Bhojram under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 12.12.1997, the Tribunal awarded a total sum of Rs.1,52,200/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Ku. Krutika sustained multiple serious injuries in the motor accident on 12.12.1997; the injuries sustained by the claimant in the motor accident led to the loss of her right eye; the accident occurred due to rash and negligent driving of the driver of the Qffending vehicle Maruti Car bearing registration No.M.P.24G/2882; as the above offending vehicle Maruti Car on the date of the accident was insured with the National Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. .A. No. 332 of 2003 n 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal, have now attained finality. 5) The Tribunal considering the number and nature ofthe injuries proved to have been sustained by the claimant in the motor accident and the fact that the parents of the claimant were not required to pay on her treatment awarded Rs.1,25,000/- towards loss of one eye; Rs.25,000/- for pain and suffering; Rs.2,200/- for special diet and conveyance. The Tribunal, thus, awarded a total sum of Rs.1,52,200/- as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,52,200/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Somkant Verma, learned counsel for the appellant submitted that the Tribunal has erred in awarding only Rs.1,25,000/- towards loss of one eye to the claimant as the claimant was a minor girl on the date of the accident and the permanent loss of her right eye is bound to come in the way of her matrimonial prospects. 7) Shri Anand Gupta, learned counsel appearing on behalf of Shri Shreekumar Agrawal, learned Senior Counsel for respondent No.3, the National Insurance Company Limited, the insurer of the offending vehicle Maruti Car, on the other hand, supported the award and contended that the compensation of Rs.1,52,200/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 'ra;!--^. .''•^^. 4 M.A. No. 332 of 2003 8) Shri H.B. Agrawal, learned Senior Counsel with Ms. Sareena Khan, learned counsel for respondents No.1 and 2, the driver and owner of the offending vehicle, also supported the award. 9) Claimant Ku. Krutika was aged about 5 years on the date of the accident. Her father Bhojram was working as Peon in Bhilai Steel Plant. The claimant sustained multiple serious injuries including head injuries in the motor accident is borne out from the evidence available on record. It is also not in dispute that the appellant/ claimant lost her right eye on account of the injuries sustained by her in the motor accident. It is a matter of common knowledge that loss of one eye by an unmarried girl is bound to come in the way of her matrimonial prospects. 10) In our opinion, the sum of Rs.1,25,000/- awarded by the Tribunal towards loss of one eye of the claimant is on the lower side. In our opinion, the Tribunal ought to have awarded Rs.2,00,000/- underthis head. 11) For the foregoing reasons, the appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part. The compensation of Rs.1,52,200/- awarded by the Tribunal is enhanced to Rs.2,27,200/-. The claimant is further awarded a sum of Rs.10,000/- towards quantified amountof interest on the enhanced amount of compensation of Rs.75,000/-. 12) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.85,000/- (Rupees eighty five thousand only) (Rs.75,000/- towards enhancedamount of compensation + Rs.10,000/- towards quantified t1 MANo. 332 of 2003 amount of interest on the enhanced amount of compensation of Rs.75,000/-) before the concerning Claims Tribunal. 13) No order as to costs. sd/- Chief Justice Sd/- N.K. Agawal Judge nimmi