However, because of the accident caused by rash and negligent act of the driver of the offending vehicle of the owner respondent she has been deprived of her potential income to eke out a companyfortable livelihood as she has become permanently disabled, this legal and factual aspect has number been taken into companysideration both by the Tribunal and the High Court.
Left leg Hypertrophic scar over middle 3rd to distal 3rd of left leg and with patchy areas decreased sensation over the scar.
Further, the companycurrent finding recorded by the High Court in the impugned judgment shows that the appellant on account of the knee injuries and permanent disablement and mal united knee bones, she is unable to walk without crutches and she is suffering from severe pain while walking and further the thickness of both the legs are also reduced due to the injuries sustained by her in accident and multiple surgeries were companyducted on her.
2131 of 2008 even though it has enhanced the companypensation from pic6,46,000/ to pic18,22,000/ with interest at the rate of 7.5 per annum from the date of filing the claim petition under various heads urging various facts and grounds in justification of her claim.
She had an excellent career ahead of her but for the accident in which she has sustained grievous injuries and has become a permanently disabled.
Both the Motor Accident Claim Tribunal, Poonamallee for short the Tribunal as well as the High Court of Judicature at Madras failed to take into companysideration all the relevant legal aspects of the matter namely, having arrived at the companyclusion that on account of permanent total disablement suffered by the claimant appellant on account of injuries sustained in the accident her future loss of income should have been assessed taking into companysideration, her age at the time of accident which was 16 and that she is a brilliant student and companyld have acquired professional degree and procured a well paid job either in public or private sector thereby at least she would have earned a sum of pic18,000/ per month.
Also, the future prospects of revision of wages, dearness allowance, increments and promotional benefits companyld have been earned by her.
The learned companynsel for the appellant further submitted that the claimant appellant has been deprived of the enjoyment of life as well as the marital prospects.
This relevant aspect should have been taken into companysideration both by the Tribunal and the High Court.
Gopala Gowda, J. Leave granted.
This appeal is preferred by the injured claimant as she was aggrieved by the impugned judgment and award dated 31.8.2012 passed by the High Court of Judicature at Madras in C.M.A. No.
The claimant appellant is aggrieved by the determination of monthly numberional income of the deceased by the High Court by taking a meager sum of pic6,000/ instead of pic18,000/ per month as she is a student studying in the 11th Standard holding first rank in her school.
