The extent of disability and loss of future prospects should be considered in determining compensation for personal injuries in motor accident claims.

ALKA SARIN, J.

1. The present appeal has been preferred by the injured claimant-appellant against the award dated 16.03.2018 passed by the Motor Accident Claims Tribunal, Panipat (hereinafter referred to as the ‘Tribunal’) aggrieved by the quantum of compensation awarded. Since the factum of the accident is not in dispute, the facts are not being reproduced for the sake of brevity.

2. The Tribunal awarded the following compensation :

3. Learned counsel for the claimant-appellant would contend that present is a case of 100% disability and no amount has been awarded towards loss of future prospects. Keeping in view the age of the injured claimant-appellant, which was 25 years at the time of accident, an addition of 40% ought to have been made towards loss of future prospects. It is further the contention that the amount awarded under the heads of transportation, special diet, pain and suffering and loss of amenities is also on the lower side and that no amount has been awarded towards attendant charges.

4. Per contra learned counsel appearing on behalf of respondent No.3-Insurance Company has contended that already a huge amount has been awarded towards compensation by the Tribunal and there is no scope of enhancement.

5. I have heard learned counsel for the parties.

6. In the present case, the claimant-appellant received multiple grievous injuries including fracture in the backbone and was admitted in Ayushman Hospital, G.T. Road, Sewah, District Panipat for treatment and remain admitted there for a period of 1½ months and was stated to have spent more than Rs.15 lakhs on his treatment and that he was still under treatment. It was further averred that the claimant-appellant has been rendered 100% disabled. Dr. Sudeep Sangwan, Director, Ayushman Bhav Health Institute, Panipat stepped into the witness-box as PW5 and deposed that the claimant-appellant was brought to his hospital with history of roadside accident and had complaint of fracture T4 and T5 with displacement and complete paraplegia and was operated upon for the same and fixation of T4 and T5 was carried out and he was discharged on 01.10.2016. On 10.06.2017 the claimant-appellant was again admitted with complaints of bedsore with enteric fever with paraplegia and was discharged on 17.06.2017. Again, the claimant-appellant was admitted on 24.06.2017 with a history of bedsore and he was operated upon for the same and discharged on 01.07.2017 with treatment of bilateral trochanteric pressure sore with slap advancement. He also stated that the claimant-appellant had regularly been visiting his hospital for follow-up and further treatment. He proved discharge summary (Ex.P5 to Ex.P7) and also the bills (Ex.P8 to Ex.P40). PW4 Balwan Singh, Record Keeper, Madhumita Diagnostic Centre, Panipat proved receipts (Ex.P2 to Ex.P4) regarding MRI and CT scan. PW6 Mohd. Shadab, Record Keeper, New Kamal Medical Hall, Rohtak proved bills (Ex.P41 to Ex.P49). Bills (Ex.P59 to Ex.P72) were also tendered in evidence and a total amount of the bills tendered came to Rs.11,99,693/-, which has been rightly awarded by the Tribunal. PW3 Dr. Pardeep Kumar, Orthopaedic Surgeon, Civil Hospital, Panipat deposed that a Board of Doctors was constituted for assessment of disability of the claimant-appellant and he was also a member of the said Board and on examination of the claimant-appellant he was found to be 100% permanently disabled on account of complete paraplegia with bladder and bowe