IMPORTANT POINT
The principle of 'just compensation' in motor vehicle accident cases requires that the assessment of damages considers both pecuniary and non-pecuniary losses, reflecting the actual impact of injuries on the victim's life and future prospects.

JUDGMENT :

Pradeep Kumar Srivastava, J.

Heard learned counsel for the parties.

2. The appellant has preferred this appeal being aggrieved and dissatisfied with the judgment/award dated 03.04.2018 passed by Sri Vishwa Nath Shukla, learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No.202 of 2010, whereby and whereunder the learned Tribunal has awarded unjust and improper amount of compensation to the appellant under the provision of Section 166 of Motor Vehicles Act, 1988 instead of allowing claimed amount in the appeal.

FACTUAL MATRIX

3. The appellant while about 7 years tender aged girl had gone to school and returning to home on 19.07.1999 boarding on a truck bearing Reg. No.BR-14G-0207 reached near village Lukaiya P.O. Chandwa District Latehar at about 4 PM suddenly the offending vehicle turned turtle due to rash and negligent driving by its driver resulting death of two persons travelling in the said vehicle on the spot and one person died in the hospital during treatment and the present appellant namely Kiran Kumari has sustained crushed injuries in her right leg, which was amputated from middle of the thigh during course of treatment in order to save her life. It is alleged that the appellant remained admitted at RIMS Ranchi for treatment from 19.07.1999 to 30.08.1999 as completely bed ridden. Due to amputation of her right leg from mid of thigh, she has become permanently disabled to the extent of 75 %. She has sustained server mental agony at the time of accident and still her life has become miserable in discharging day to day affairs. She is any how walking through artificial leg and prosecuting her study. She has lost her marriage prospect, future income and amenities in life.

4. In connection with above accident, Chandwa P.S. Case No.32 of 1999 dated 29.07.1999 was instituted against the driver of the offending truck bearing Reg. No.BR-14G-0207 for the offence under sections 279 and 304A of IPC and after investigation, charge-sheet has been submitted against the driver namely Mukhtar Ansari for the offences under Sections 279 and 304A of IPC.

5. The claimant had claimed Rs.10 lakhs as compensation by filing the claim petition after attaining the age of majority but the learned Tribunal has granted very meager amount of compensation to the tune of Rs.4,31,950/-along with interest @ 12 % per annum from the date of award till its realization.

6. Learned counsel for the appellant assailing the impugned award has submitted that the quantum of compensation as assessed in various heads by the learned Tribunal are as under:-

7. It is further contended that the learned court below has awarded very meager amount of compensation towards future loss of earning, medical expenses, transportation charges, pain and suffering, special diet, attendant charges and other general damages towards loss of marriage prospect, loss of amenities and enjoyment of life, loss of expectation of life but nothing has been awarded in respect of future prospect of the victim who has to sustain her miserable life throughout the life emotionally, psychologically, physically and socially due to amputation of her right leg and also cost of artificial limb, which required to be chan