U.C.Maheshwari, J. - (1.)THIS appeal is directed on behalf of appellant-claimant under section 173 of Motor Vehicles Act, 1988 (in short 'the Act') for enhancement of sum awarded by the First Additional Motor Accidents Claims Tribunal, Ambah, to the court of the Fifth Additional Motor Accidents Claims Tribunal (Fast Track), Morena in Claim Case No. 11 of 2007, vide award dated 5.1.2008, whereby her claim regarding injuries sustained by her in the alleged vehicular accident has been awarded for the sum of Rs. 1,00,000 along with interest at the rate of 6 per cent per annum from the date of filing the claim petition.
(2.)THE facts giving rise to this appeal in short are that the appellant herein filed her claim contending that on 8.1.2004 at about 5 p.m., when she was going to answer the call of nature, on the way she was dashed by the motor cycle bearing registration No. MP 2006-C 2898 driven by respondent No. 1 in a rash and negligent manner, resultantly she sustained injuries on her hand, leg, head, ears and also on some different parts of her person. She was taken to hospital, where her MLC report was prepared. On lodging the report with the police an offence was registered against the respondent No. 1. After holding the investigation, he was charge-sheeted. As per further averments, due to the aforesaid injuries sustained in the accident she has lost the capacity of hearing of both the ears. In spite of taking long treatment, the same has not been cured. It is also stated that due to such injuries, she has also lost the power of speaking and she has become deaf and dumb. Now she is bound to live with such disability in her entire remaining life. With these averments the claim was filed for the sum of Rs. 17,30,500 along with interest at the rate of 18 per cent per annum.
The respondent No. 1 was proceeded ex parte in the Tribunal, hence no reply of the claim petition was filed on his behalf.

In reply of the respondent No. 2 by denying the averments of the claim petition and the facts sustaining the permanent disability by the appellant due to injuries sustained in the alleged accident, it is stat- ed that in the absence of any admissible medical certificate, the alleged injuries could not be treated to be sufficient causing the permanent disablement to the appellant. As per further averments, the offending vehicle was insured in the name of some Bhika Ram and not in the name of the registered owner, respondent No. 1. The same was plied by respondent No. 1 contrary to the terms of the policy without permission of the said insured Bhika Ram. In any case without impleading Bhika Ram as party in the claim, the same is not maintainable. It is also stated that such motor cycle was driven by the respondent No. 1, contrary to the terms of the policy without having valid and effective driving licence, therefore, no liability under the impugned claim could be settled against it. The claim is preferred by appellant under collusion with the respondent No. 1, with these averments, the prayer for dismissing of the claim is made.

(3.)IN view of the pleadings of the parties, the issues were framed and after recording the evidence, on appreciation of the same by holding that the appellant has sustained alleged injuries in the alleged incident caused by respondent No. 1 while driving the offending vehicle in a rash and negligent manner, the claim of the appellant was awarded for the sum as stated above. Being dissatisfied with the awarded sum, the appellant has come to this court for further enhancement of the same.
Mr. Gupta, the learned counsel for the appellant, by referring to pleadings, evidence led by the parties and exhibited papers from the record of the Tribunal said that while deciding the impugned claim, the material circumstance, that due to the alleged permanent disability the appellant has to face difficulty in her remaining life up to her age 60 to 70 years, was not taken into consideration. The appellant's claim has been awarded at lower side only for Rs. 1,00,000. He further said that due to alleged injuries the appellant has lost her capacity of hearing and speaking both and thereby she became deaf and dumb and due to such injuries and disability, her entire future has become bleak. In future according to her choice, she could neither get education nor life partner to get married. Due to aforesaid she would not be in a position to manage the affairs of the family all alone even after attaining maturity. With these submissions by placing reliance on Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298 (SC) and Nagarajappa v. Divisional Manager, Oriental Insurance Co. Ltd., 2011 ACJ 1434 (SC), he prayed for further enhancement in the sum awarded by the Tribunal by allowing this appeal.