Case: Priya Vasant Kalgutkar Vs. Murad Shaikh

2. Appellant is a young girl. She met with an accident on or about 20.9.1999 while she was aged only 9 years. In the said accident she suffered the following injuries, as stated in the application filed on her behalf before the Motor Accidents Claims TribunalThere is swelling deformity and fracture of middle 3rd of Lt. thigh (femur shaft).2. Abrasion over left frontal region.3. Abrasion over Rt. lateral aspect.She was treated by two doctors. According to one of them, namely,Dr. Mukund, who examined himself as PW3, she suffered 10% to 15% of disability whereas according to the other doctor, Dr. Shivanand, she suffered 20% to 25% of physical disability in her left lower limb.An amount of Rs. 3,00,000 was claimed by her by way of compensation in the claim petition before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called and referred to for the sake of brevity as `the Act). The Tribunal, however, having regard to the evidences brought on record, opining that permanent disability suffered by her would be 10%, a sum of Rs. 40,000 awarded on the said ground. The total amount of compensation determined was a sum of Rs. 72,785 details of which are as undertowards pain and sufferings and agony, Rs. 12,460 towards diet and attendant charges and Rs. 323 were awarded towards medical expenses.On an appeal preferred thereagainst, the High Court, without assigning any reason, enhanced the amount of compensation to Rs. 1,12,000, statingshall be 6% p.a. from the date of petition tillcould be awarded Rs. 30,000 for pain and agony, Rs. 10,000 for medical and incidental expenses relating to treatment, Rs. 15,000 for loss of amenities and discomfort on account of disability, Rs. 27,000 (1500 X 18) for loss of future earnings on account of disability and Rs. 20,000 for loss of marriage prospects on account of disability. In all, the petitioner is entitled to the compensation of Rs. 1,12,000 as against Rs. 72,785 awarded by the Tribunal. On the enhanced compensation, the interestAppellant being aggrieved by and dissatisfied therewith is before

Reasoning: Having regard to these facts, in their case, the contribution of Rs. 12,000 per annum appears to us to be on the lower side and in our considered opinion, the contribution should be Rs. 24,000 and instead of 11 multiplier, the appropriate multiplier would be 15. Therefore, the compensation, so calculated on the aforesaid basis should be worked out to Rs. 3.60 lakh, to which an additional sum of Rs. 50,000 has to be added, thus making the total amount payable at Rs. 4.10 lakh for each of the claimants of the aforesaid deceasedby that standard, the amount of compensation granted by the High Court appears to be adequate in absence of any evidence having brought on record as to the actual damages.