Compensation for permanent disability must account for future prospects, necessity of lifelong care, and be based on minimum wage standards.

GUDGMENT :

SANDEEP JAIN, J.

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been preferred by the claimant against the impugned judgment and award dated 13.11.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, E.C. Act Meerut in MACP No. 642 of 2009 (Km. Anchal Jain vs. Sahkari Ganna Union Mawana,Meerut and others), whereby, for the injuries sustained by the claimant in a road accident which occurred on 29.12.2008, a compensation of Rs. 10,83,950/- along with interest at the rate of 7% per annum has been awarded to the claimant, which has been ordered to beindemnified by the insurer of the offending Bolero No.UP15-AF-3348.

2. Since there is no cross appeal by the owner, driver and the insurer of the offending vehicle as such, the factum of accident and negligence ofthe offending driver is not disputed by the respondents.

3. Learned counsel for the appellant-claimant submitted that the claimant was travelling as a pillion rider on Scooty No.UP-15-AF-4501 at the time of the accident and was returning home from her school i.e. Sofia Girls School, Meerut then the scooty was hit by the offending Bolero No.UP15- AF-3348, causing grievous injuries to the claimants due to which she has suffered 100% permanent disability, which was proved by examining ten witnesses before the tribunal, but the tribunal has awarded inadequate compensation to the claimant. He further submitted that, from the evidence of Dr. Sandeep Sehgal PW-9, it stands proved that the claimant has suffered 100% permanent disability. She is bedridden and living in a vegetative state, unable to move her limbs or body, and will remain confined to a wheelchair for the rest of her life. She cannot speak, is undergoing regular physiotherapy and speech therapy, and requires two attendants constantly to look after her, as well as the services of a driver for attending medical treatment and hospital visits. However, despite this evidence on record, the Tribunal has failed to consider these circumstances.Learned counsel for the appellant submitted that in the light of the law laid down by the Apex Court in a catena of decisions, the claimants are at least entitled to compensation on the basis of minimum wages paid to a skilled workmen, which were prevalent at the time of the accident in the State of U.P., which was approximately Rs.4,500/- per month. He further submitted that the claimant requires life long care and attention, future treatment, her chances of marriage have vanished, she has been deprived from the loss of amenities, she has become dependent on everyone, which itself is a curse. The claimant was studying in class X at the time of the accident in a reputed English medium school of Meerut, who had a very bright future, which has become dark. Learned counsel for the appellant-claimant submitted that the claimant is also entitled to compensation on future prospects. With these submissions, it was prayed that the appeal be allowed and enhanced compensation be awarded to the claimant.

4. Per contra, learned counsel for the respondent-Insurance Company, has very fairly conceded that keeping in view the evidence on record, the tribunal has awarded compensation on the lower side, which requires to be enhanced keeping in view the precedents of the Apex Court.

5. I have heard the learned counsel for both the sides and perused the documents submitted with the appeal. Appeal is admitted.

6. Before the