JUDGMENT

Najmi Waziri, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. The appellant was a 14 year old adolescent, enjoying all the fun of a school-going girl of her age, till the fateful afternoon of 1st December, 2007 when returning from school, she met with a debilitating motor-vehicular accident. She has been rendered wheelchair bound for the rest of her life. The Motor Accidents Claims Tribunal (`MACT') has awarded her a compensation of Rs.47,49,610/-. She has impugned it (MAC.APP. 870/2011) on various grounds. The insurer too has impugned the award (MAC.APP. 768/2011) contending that the awarded amount was on the higher side.

2. She contends that she has suffered 100% disability, therefore, the compensation should be enhanced. She relies upon the dicta of Supreme Court in Kajal vs. Jagdish Chand and Ors., (2020) 4 SCC 413, which, while dealing with a similar case of a 12 year old school going girl having suffered 100% disability, awarded enhanced compensation.

3. Dr. B. Kanhar, Senior Orthopedic Surgeon, Aruna Asaf Ali Government Hospital, Delhi (PW-5), who had been her attending doctor has deposed that Jyoti has suffered 100%