- (1.) This appeal has been preferred by claimant Yogita through her father and natural guardian Anil Kumar, dissatisfied with quantum of compensation awarded by learned Motor Accident Claims Tribunal (Special Judge Dacoity Affected), Bharatpur, vide its award dated 20.02.2008 in MAC Case No.42/2007.
(2.) Claimant-appellant filed a claim petition for compensation of Rs.13,35,000/- for injuries sustained by her in a road accident, before learned Tribunal, asserting that on 11.12.2006 at 8.30 AM, while she was moving near Dutta Guest House Lane, Bharatpur, all of a sudden a moped (Vikky) No. RJ-05 5M 1419, which was being driven rashly and negligently by respondent no.1, came in a high speed and dashed against her, as a result of which she sustained grievous injuries on the head. At the time of accident, she was 14 years of age. Due to the accident, she sustained 70% permanent disablement. Learned Tribunal, however, awarded lump sum compensation of Rs.50,000/- only.
(3.) Shri Anoop Agarwal, learned counsel for appellant, has argued that learned Tribunal has raised a doubt about genuineness of disability certificate and, only on the ground that there was discrepancy in the dates of two documents, namely, Exhibit-16, doctor's prescription, which is in fact dated 11.12.2006 but the doctor in a very hasty manner indicated it to be 11/12/00, and Exhibit-15 on which the date looks like 21/9/02, but in fact it is 21.09.2007. On the basis of this, learned Tribunal has upheld the argument of the non-claimant that the appellant was mentally retarded even prior to the date of accident and that her intelligence quotient level (for short, 'IQ level') was indicated as 25% by the medical board, which in fact was already existing before the accident took place, and false bills were got prepared. Learned Tribunal has also erred in law in doubting the transportation bills whereas the fact is that after the accident the appellant had to be immediately brought to the S.M.S. Government Hospital, Jaipur, where she remained hospitalized for three days. The first medical board in its opinion report dated 13.01.2007 has acknowledged the fact that CT scan skull report of Government R.B.M. Hospital, Bharatpur dated 11.12.2006 reveals Pneunoceplatic seen with fracture of right of occipital region (NCCT). The second medical board in its opinion dated 08.10.2007 has opined total disablement to be 75% which is permanent in nature and IQ level to be 25% as ascertained by the psychiatrist. Learned counsel argued that the bills of actual medical expenses amounting to Rs.18000/- and transportation bills amounting to Rs.18400/- were produced. The Tribunal has awarded total sum of Rs.50,000/-, that means that Rs.13600/- has only been awarded for permanent disablement assessed at 75%, which is highly unjust and illegal. Just because the appellant is a female child aged 14 years does not mean that she has not sustained any injury or permanent disablement and that she would not be entitled to reasonable amount of compensation. Learned counsel for the appellant has argued that the medical certificate showing permanent disablement, was issued before the expiry of period of six months from the date of accident.;