The main legal point established in the judgment is the need to award just and fair compensation in motor accident claims, considering various factors such as pain, suffering, loss of income, loss of amenities, medical expenses, and loss of marriage prospects.

JUDGMENT :

1. The instant appeal has been preferred by the appellant against award dated 29.01.2010 passed by the Motor Accident Claims Tribunal, Jammu (Court below, for short) in file No. 548/Claim titled Twinkle v/s Kulbir Singh Manhas and others.

BRIEF FACTS.

2. The appellant met with an accident on 4 April 2004 due to rash and negligent driving of respondent 1 who was driving the vehicle (Tata Mobile) bearing No.JK02S-8863 and hit appellant outside her house, situated at village Pandorian, Tehsil and District Jammu. Due to the accident, the appellant suffered serious injury over left foot with exposure of underlying muscles, tendons and bones, with crushing of lateral malleolus left. The external fixation with support of rods was given to the appellant and an operation with bone grafting was done. The appellant has scarring of dorsolateral aspect of left ankle with wasting of left foot with stiffness of left ankle, hence making appellant unable to walk properly.

3. The appellant filed a claim petition bearing No. 548 on 27.10.2004 and claimed compensation to the tune of Rs. 30 lacs, along with interest. The Motor Accident Claims Tribunal, Jammu after consideration of the matter vide order dated 29.01.2010 passed an award of Rs.1,09,250.00 along with 7.5% interest from the date of filing of the claim petition in favour of the petitioner (appellant herein).

4. It is further submitted by the appellant that the amount awarded by the Tribunal is on the lower side and hence prays for the enhancement of award amount on the following grounds:

a. That the appellant has become a crippled person and the future of appellant has become dark due to injuries suffered by her in the accident and she has become ineligible for getting employment while also making her marriage prospects totally diminished.

b. The appellant has also been hospitalized for a long time and has spent huge amount of money on her treatment, travelling, medicines, special diet etc.

c. The appellant has not been granted any compensation for gracious service rendered by her family members.

d. The appellant cannot run, squat or walk and has lost all amenities of life. She also suffered lot of pain and suffering.

e. The Tribunal awarded a meager amount of Rs 29,250/- on account of loss of future income, which is minimal and incorrect. The amount awarded by the Tribunal is on the lower side.

f. The interest on loss of future is wrongly declined by the Tribunal. Hence the appellant prays for the enhancement to the tune of Rs 30.00 lac along with interest as stated in the claim petition.

QUESTION OF LAW

5. Having heard the learned counsel appearing for Appellant/claimant and having gone through the material facts on record, the only question that falls for this court’s consideration is whether the appellant-claimant has made out any case for further enhancement of the amount of compensation.

LEGAL ANALYSIS

Compensation To Be Just And Fair

6. While it is very difficult to make an accurate assessment of the compensation to be awarded to the motor accident victim as the loss is not confined to the pecuniary value, however, the Motor Vehicles Act, 1988 has provided a protection to the victim against an inadequate compensation. For reference, the Section 168 of the Act is reproduced as under:

168. Award of the Claims Tribunal.—

“(1)On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal s