Judgment:
Shantanu Kemkar, J.
1. This is claimant's appeal against the award dated 11.4.2002 passed by the Seventh Additional Member, Motor Accidents Claims Tribunal, Indore, in the Claim Case No. 35 of 2001.
2. As per the claim petition on 2.10.95, owner and driver of moped No. MP 09-P 3582, respondent No. 1, while driving it rashly and negligently dashed the appellant. The appellant received grievous injuries on her face. The appellant therefore filed a claim petition seeking compensation of Rs. 3,00,000 from the respondent owner and insurer of the vehicle.
3. Respondents resisted the claim and denied the averments made by the appellant. The Claims Tribunal after recording the evidence held that the respondent No. 1 was negligent in driving his vehicle and awarded compensation of Rs. 32,000 to the appellant with interest at the rate of 9 per cent per annum.
4. Feeling aggrieved by this the appellant has filed this appeal for enhancement. The appellant contended that the Claims Tribunal has erred in ignoring the permanent disablement certificates Exh. P39 and Exh. P45 filed by the appellant showing that there is permanent disfiguration of the face of appellant due to the said accident. The insurer, respondent No. 3, contended that the compensation awarded is just and needs no enhancement.
5. Appellant Preeti, AW 2, has deposed that due to the said accident, she suffered grievous injuries on her face and head. She was operated for injury on her frontal bone. Her statement is corroborated by the evidence of Narayan Pandey, AW 1, Assistant Medical Officer of Choithram Hospital, Indore and Leeladhar, AW 4. Leeladhar, AW 4, has deposed that his daughter Preeti was aged 8 years at the time of accident. She suffered injuries on her head and face. She was taken to Pragad Nursing Home. She was then referred to Choithram Hospital, Indore. He further deposed that the appellant was hospitalised for 8 days in the Choithram Hospital, Indore. He produced the medical bills and the treatment papers. He also deposed that her treatment continued for 6-7 months and still, the appellant who was earlier a very brilliant student is unable to study and play for a longer period. He also stated that due to the said accident there is disfiguration on the face. Dr. Basant Dakwale, AW 5, Neurosurgeon of Choithram Hospital has stated that the appellant was admitted in the said hospital on 2.10.95. In her X-ray report, Exh. P41, right frontal bone was found fractured. The report of the CT scan is Exh. P38. He further stated that the appellant remained hospitalised from 2.10.1995 to 7.10.1995. Dr. Pradeep Chaudhary, Orthopaedic Surgeon after examining the papers and the appellant herself, issued permanent disability certificate, Exh. P45, and deposed that permanent disfiguration was to the extent of 9 per cent on the face.
6. Having regard to the fact that the appellant is a girl and the nature of injury suffered by her on her face and the certificate, Exh. P45, certifying that permanent physical disability of the face of appellant is to the extent of 9 per cent. In my view the compensation awarded by the Tribunal is on lower side. Accordingly, I modify the award and award the compensation of Rs. 25,000 for permanent disfiguration of face, Rs. 25,000 for pain and suffering, Rs. 20,000 for medical expenses, special diet, expenses of attendant and transportation, Rs. 30,000 for loss of future prospects of marriage. Thus the total compensation payable to the appellant is Rs. 1,00,000. The enhanced compensation shall carry interest at the rate of 6 per cent per annum from the date of claim petition till the date of payment.
7. The appeal is allowed in part.
8. No order as to costs.