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Judgment
B.P. Dharmadhikari, J.—The matter is heard for sometime. The claim is by minor through her natural guardian father for enhancement of compensation. Minor girl aged about four years, was injured in a road accident on 02.05.2007. The car, Tata Sierra make in which she was travelling along with her father was hit by a truck. Because of that dash, the Tata Sierra in turn gave a dash to a tree. Its front wind shield broke and the glass particles pierced her face. The Claim Petition was filed through her father claiming a total compensation of Rs.6,12,000/-.
By the impugned Judgment and Award, the Claim Petition has been partly allowed. The Motor Accident Claims Tribunal has awarded total compensation of Rs.1,50,000/- and apportioned it equally amongst two Insurance Companies of two vehicles. In the present Appeal, Respondent no. 3-Insurance Company with whom the Truck was insured and the Respondent no. 6-Oriental Insurance Company with whom the Tata Sierra was insured, is being represented by Advocate Shri E. Afonso.
Advocate Shri S. S. Kakodkar has appeared for the Appellant. Advocate Shri E. Afonso, has appeared for Respondent nos. 3 to 6 i.e. both the Insurance Companies. The other parties are not represented by any Counsel.
Perusal of impugned Judgment and Award shows that the claimant had claimed Rs.6,000/- towards medical expenses, Rs.10,000/- towards special diet and attendant charges and Rs.2,000/- towards transport charges and an amount of Rs.3,00,000/- was claimed on account of plastic surgery to be undergone to remove scars on the face. The Motor Accident Claims Tribunal has in paragraph 34 found that due to accident, there are scars on the face of the said girl. It has further found that Dr. Vardhan Bhobe, a Surgeon practicing at Goa, had deposed that said facility was not available locally and its appropriate expenditure would be between Rs.4,00,000/- to Rs.5,00,000/-. The Court thereafter has mentioned arguments of Counsel for claimant that her future prospects towards marriage were also affected.
Counsel for opposing Respondents had submitted that the girl was of tender age and the injuries might heal. In paragraph 45, the Motor Accident Claims Tribunal has found precedents relied upon by opponents irrelevant. In paragraph 46, it has granted amount of Rs.1,15,000/- in total i.e. including expenditure of plastic surgery. No reasons whatsoever are given for disbelieving evidence of Dr. Vardhan Bhobe except observing that said Doctor was not an expert in the field of plastic surgery.
This Judgment has been delivered on 29.11.2008 and as of today, period of more than seven years has expired after the accident. The girl must be aged about 11 years and has not undergone any plastic surgery.
In this situation, the Court felt that the amount to be awarded towards plastic surgery must be used for said purpose. Learned Counsel appearing for the Insurance Company submitted that, in the background of these facts, if the estimates obtained from competent Doctors are submitted to the Insurance Companies, the Companies may consider the same in accordance with law and shoulder the actual expenditure for such surgery. Advocate Shri S. S. Kakodkar, due to his past experience, has expressed some doubt. He seeks leave to file fresh Claim Petition to that extent, if any dispute arises.
I find that the Claim Petition as filed claimed expenditure of Rs.2,000/- per day for actual period of hospitalisation i.e. from 02.05.2007 to 10.05.2007, again of Rs.2,000/- towards transport charges, Rs.6,000/- on medicine and Rs.10,000/- under the head of medicines in nourishment and special diet expenses and attendant charges. Thus, total amount of Rs.20,000/- was claimed under these heads. Rs.3,00,000/- were claimed towards plastic surgery and Rs.3,00,000/- in addition towards permanent disfigurement of face as also towards loss of future prospects i.e. marriage etc.
Considering the developments before this Court, it is apparent that out of an amount of Rs.1,50,000/- awarded by Motor Accident Claims Tribunal, an amount of Rs.20,000/- can be allowed to be appropriated towards the heads noted supra.
The Appellant to submit necessary estimates from competent Doctors to both the Insurance Companies about the expenditure on plastic surgery of his daughter within a period of three months from today. Insurance Companies shall thereafter scrutinize the same and take suitable decision within a further period of two months. The amount required for hospitalization, medicine and actual surgery, shall then be paid by the Insurance Companies in equal proportion directly to such hospital/Doctor undertaking the surgery. The amount of Rs.1,30,000/- received by the Appellant because of Order of Motor Accident Claims Tribunal shall be adjusted equally while making that payment.
In so far as claim for permanent disfigurement or loss of marriage prospects or amenities is concerned, liberty to minor claimant to file fresh claim after such surgery. If any dispute arises in relation to the amount to be paid by Insurance Companies to such Doctors/Hospitals, the claimant shall be free to file a Claim Petition in relation thereto before the Motor Accident Claims Tribunal.
The above arrangement is worked out considering the fact that expenditure on plastic surgery estimated by Doctor in 2007, may have become obsolete at this stage and only in the interest of minor.
Thus, with above directions and liberty, the First Appeal is disposed of.