IMPORTANT POINT
Factors to be considered in serious personal injuries.

JUDGMENT

G. S. Singhvi, J.-Leave granted.

2. Feeling dissatisfied with the enhancement granted by the High Court in the amount of compensation awarded by the Motor Accident Claims Tribunal (for short, ‘the Tribunal’), the appellant has preferred this appeal.

3. In an accident, which occurred on 2.5.2004, the appellant suffered grievous injuries. She was initially treated at Government hospital, Ratlam and then at Bhandari Hospital, Indore. On 4.5.2004, she was admitted in CHL Apollo Hospital. She remained in Intensive Care Unit from 4.5.2004 to 25.5.2004 and in the private ward from 25.5.2004 to 26.6.2004. As per the medical advice given at Indore she was taken to Mumbai, Chennai and finally to Delhi for treatment. At the time of accident, the appellant’s age was about 30 years and she was working partner in Tirupati Enterprises.

4. At Bhandari Hospital, Indore she was treated by Dr. Rajesh Gangwani, Dr. Srikant Rege, Dr. Parag Aggarwal and Dr. Sunil Athwale. At Bombay, she was treated by Dr. B. S. Singhal, Dr. Bhagwati, Dr. K. K. Garg, Dr. Anukant Mittal, Dr. Khandilkar, Dr. Kenny and Dr. Bhatt. The Disability Certificate issued by Dr. Sunil Athwale, who was Neuro Physician at Bhandari Hospital, Indore reads as under:

“DISABILITY CERTIFICATE

This is to certify that Smt. Kavita Singhal w/o Mr. Deepak Singhal R/o 100 old agrawal nagar indore aged 31 yrs met with an RTA on 02-05-2004 mid night on Ratlam - Indore State Highway Road.

She was taken to Indore On ICU on wheels & was given artificial 02 on the way which was 135 KM. We reached Indore nearly at 7.30 AM. and was admitted in Bhandari hospital. During transit fluid lesusitation was done & heamodyriameis was maintained.

(1.5 Its I/v & I unit blood was given). CT scan was done nearly after 10 hrs. of injury. Onwards she is under my treatment and the patient is experienced as below:

First MR Study of the brain (on 1.5 T ) and the report of the same reveals:

FINDINGS:- Multiple DWI TI FLAIR & T2 hyperintense signals are noted in left basal ganglia, right frontal periventricular white matter, left thalamus & right basi frontal region with areas of magnetic susceptibility in it suggesting haemorrhage. T2 FLAIR hyperintense signals are noted diffusely in corpus callosum, cinglate gyrus and periventricular white matter (front operietal suggestive of diffuse axonal injury).

Second MR of brain has done and the report of the same reveals:

FINDINGS:- O1d MRI Scan of brain dated 22/05/04 compared and following changes noted:

Follow up scan reveals that complete resolution of the posterior inter hemispheric sub dural collection noted in left occipito parital region. Old haemorrhagic products - noted in the left basal ganglia, left anterior thalamus, right frontal periventricular white matter and right basi frontal region (mild decrease in size as compared to old study especially in right basal ganglia). Diffuse axonal injury noted in corpus callosum, cingulated gyrus 85 periventricular white matter noted (mild decrease as compared to old study) She was discharged from CHL on 26/06/2004 in a vegetative stage, with a RT for feeding. That time she was unable to communicate in, any way. She was undergoing extensive Physiotheraphy there and was advised the same to continue.

PRESENT STATUS:

- The patient follows elementary simple commands but with no other Communication, Verbal or Sign Language.

- Patient has marked Spastic Quadra paresis, despite anti spastic drugs.

-Patient is incontinent.

- Disability assessed around 90 %.”

5. The appellant filed a petition through her husband - Shri Deepak Singhal under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) for award of compensation to the tune of Rs.85 lakhs by alleging that the accident was caused due to rash and negligent driving of the truck owned by respondent No.1 and driven by respondent No.2. She alleged that the truck dashed against the Maruti Esteem car in which she was travelling and as a result of the accident