IMPORTANT POINT
The assessment of compensation in personal injury cases must consider the permanent disability's impact on the claimant's earning capacity and ensure that the awarded amount is fair and reasonable, reflecting both medical expenses and non-pecuniary losses.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Shiwam Lath, learned counsel appearing for the appellant and Mr. Ajay Kumar Pathak, learned counsel appearing for respondent no.3- insurance company.

2. The appellant, being aggrieved with the judgment and award dated 21.09.2015 passed by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Compensation Case No.86 of 2007, has preferred this miscellaneous appeal.

3. The appellant-claimant has filed the Compensation Case No.86/2007 under Section 166 of Motor Vehicles Act for compensation of Rs.5,00,000/- on account of motor vehicle accidental injuries besides the interest. The claimant's case before the learned Tribunal was that on 29.09.2001, the claimant-Laxmi Devi was travelling by Bus No. BPV-9039 from village Bhandra to Ranchi and the driver of the bus tried to overtake a bus in high speed, as a result of which, it capsized in the left side of road causing grievous injuries to several passengers including the claimant. The injured passengers were immediately rushed to Rajendra Institute of Medical Science (RIMS), Ranchi for their treatment. It was further alleged that due to spinal injuries, the claimant was unable to move and became crippled and was fully dependent on others and she was unable to perform her normal works. The claimant has incurred huge expenditure in her treatment and rehabilitation and the attending doctors have opined that she might not fully recover. It was also alleged that the accident occurred due to rash and negligent driving by the driver of the offending bus and the claimant is entitled for compensation of Rs.5,00,000/- on account of motor vehicle accidental injuries. In this background, the said compensation case was filed. On the basis of fardbeyan of Shafique Ansari, a case being Itki P.S. Case No.22/2001 dated 29.09.2001 was registered against the driver of bus bearing No. BPV-9039 for the offence under Section 279/337/338 of the Indian Penal Code and after investigation, charge-sheet was submitted against Somra Oraon, the driver of offending bus under the aforesaid sections.

4. Mr. Shiwam Lath, learned counsel appearing for the appellant submits that the learned Tribunal has awarded the claim of compensation to the tune of Rs.1,36,200/- along with interest @ 7% per annum from the date of the award/judgment dated 21.09.2015 and the insurance company of the offending vehicle was directed to pay the said amount along with interest within 30 days from the date of the award/judgment, failing which, the claimant was put at liberty to realize the same through the process of the Court. He submits that the learned Tribunal has erred in giving such finding as the amount awarded by the learned Tribunal is on lesser side. He submits that only on the basis of surmises and conjectures, the said finding was given by the learned Tribunal. He further submits that the learned Tribunal has erred in not considering the permanent disability certificate of 20% issued by the Primary Health Centre, Lohardaga. He submits that the learned Tribunal has wrongly discarded the said certificate only on the ground that there is no certificate of any Civil Surgeon. He also submits that in the treatment, the expenditure of more than Rs.3,50,000/- was made and the learned Tribunal has awarded the meager amount. He submits that the learned Tribunal has only awarded sum of Rs.25,000/- for future medical expenses instead of allowing sum of at least Rs.5,00,000/-. He submits that for the damages for pain, suffering and trauma, the learned Tribunal has awarded only Rs.50,000/- and for loss of amenities, sum of Rs.25,000/- only has been awarded. He submits that the learned Tribunal has erred in coming to the finding that this appellant-claimant has stated before the learned Tribunal in her evidence that she is moving without support of any artificial machine. On these grounds, he submits that the awarded amount is required to be enhanced.

5. Mr. Ajay Kumar Pa