Court affirms compensation for loss due to negligence, modifying amounts awarded for unborn child's death to align with legal precedents.

1. The present First Appeal No. 576 of 2013 under S.173 of Motor Vehicles Act, 1988 is filed by the appellant insurance company being aggrieved by and dissatisfied with the judgment and order passed in Motor Accident Claim Petition No. 96 of 2003 by the Motor Accidents Claims Tribunal (Auxi.), Sabarkantha at Himmatnagar on 7.7.2012, by which the Tribunal has awarded Rs. 4,37,500 with 8 per cent p.a. interest to the claimant for the injuries caused to her due to the accident.
It is also noted that the claimant has also filed Cross - objection No. 138 / 2013 in First Appeal No. 576 of 2013 by which the claimant has prayed for enhancement of Rs. 4,00,000 in the awarded amount on the main ground that the Tribunal has wrongly awarded Rs. 50,000 towards loss of unborn child which should be at least Rs. 1,80,000 in view of the decision of Hon'ble Apex Court in the case of National Insurance Co. Ltd. v. Kusuma , 2011 ACJ 2432 (SC).

2. The brief facts of the case are as under:
2.1 On 14.8.2002, the applicant - claimant was going as pillion rider on motor cycle bearing registration No. GJ9 L - 2180 driven by opponent No. 1 in a rash and negligent manner, which is owned by opponent No. 2 and as the claimant was going to Prantij Railway Station and when they reached near Nava Bakarpura, the opponent No. 1 suddenly applied brake as one dog intruded the way. As the motor cycle was driven in excessive speed, the opponent No. 1 could not control the motor cycle and thus the motor cycle turned turtle on the road and accident has taken place. In this accident, the applicant has received serious injuries on various parts of her body and became unconscious at the time of accident. Thereafter, she was shifted to the hospital at Himmatnagar. Since the injuries were very serious and severe, the applicant was further shifted to Rajasthan Hospital at Ahmedabad.
2.2 It is the case of the claimant that she was aged 25 years and she was earning Rs. 2,500 as fixed pay, which was going to get converted in full pay amounting to Rs. 6,500 to Rs. 7,000 after completion of period of 5 years of service, but due to this accident and consequent serious injuries, she was not only likely to lose her actual and future income but also had to incur huge amount for medical treatment, attendant charges, special diet, transportation expenses, etc., and due to this injury, the applicant's future prospects of the career are ruined and she has also lost her 28 - week - old foetus as she suffered serious injury and due to death, she delivered still - born baby. Thereafter, she has prayed to get the compensation of Rs. 7,00,000 before the Tribunal under various counts.
2.3 On admission of the claim petition, notices were duly served to the opponents. Thereafter, opponent Nos. 1 and 2 have filed written statements vide Exh. 21 wherein they denied all contentions raised in the petition including age, accident, injury, income, involvement of the vehicle, etc. The opponent No. 3 - National Insurance Co. Ltd. has filed written statement at Exh. 18 and denied allegations in the claim petition, including facts of accident, age, injuries and expenses, income, etc. and has prayed to dismiss the claim petition.
2.4 After framing the issues at Exh. 35, the Tribunal has recorded oral evidence at Exh. 43 of the claimant herself and after considering the documentary evidence; like copy of complaint at Exh. 46, copy of panchnama at Exh. 47, copy of panchnama of place of occurrence at Exh. 48, insurance policy of the involved motor cycle at Exh. 49, charge - sheet at Exh. 50, injury certificate at Exh. 51, disability certificate at Exh. 52, etc., the Tribunal has considered the disability, which is asse