[2025:RJ-JP:25705] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5607/2018 Anjana D/o Shri Nihal Singh, Aged About 17 Years, Through Natural Guardian Her Father Nihal Singh R/o Bayana Darwaja Town Weir District, Bharatpur, (Rajasthan) ----Appellant Versus 1. Sitaram S/o Tejsingh, R/o Sundrawali Tehsil Nagar District Bharatpur 2. Santram S/o Sitaram, R/o Sundrawali Tehsil Nagar District Bharatpur 3. Manager, National Insurance Company Limited, Branch Office, Alwar (Rajasthan) ----Respondents For Appellant(s) : Mr. T.C. Vyas For Respondent(s) : None HON'BLE MR. JUSTICE GANESH RAM MEENA Order 11/07/2025 1. This appeal is preferred by the appellant/claimant for enhancement of the compensation amount which has been awarded by the Motor Accident Claims Tribunal, Bayana (for short, 'the Tribunal') vide judgment and award dated 10.08.2018 in Motor Accident Claim No.99/2012. 2. Brief facts of the case are that the claimant appellant preferred the claim petition before the Tribunal with the averments that on 05.05.2011 when she was going along the road near Naina Das Jamumanji, a Bolero car bearing registration No. RJ05- UA-1950 which was being driven rashly and negligently hit her causing serious injuries to her head, mouth, teeth and jaw. Very [2025:RJ-JP:25705] (2 of 3) [CMA-5607/2018] same day the claimant was brought to Vair Hospital, where her condition got worsened and she was referred to Bharatpur, and then from Bharatpur to Jaipur where she underwent surgery and was treated for several days. As a result of alleged accident the claimant suffered 34.5% permanent disability. The respondent/s owner and driver by filing their reply before the Tribunal denied the fact of accident and permanent disability. The respondent- insurance company also filed the separate reply and denied the fact of accident. On the basis of pleadings, the Tribunal framed as many as four issues. 3. Learned counsel for the appellant submits that amount of compensation as awarded by the Tribunal is inadequate in view of the observations of the Hon'ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, National Insurance Co. Ltd. & Anr.; (2014) 14 SCC 396. 4. No one is present on behalf of the respondent-insurance company. 5. On 01.07.2025 also, when the case was listed before this Court, no one was present and in the interest of justice the matter was adjourned for today. 6. As per the facts on record the claimant sustained injury in the alleged accident as a result of which she suffered 34.5% permanent disability and at the time of accident her age was 11 years. 7. Hon'ble Apex Court in the case of Master Mallikarjun (supra) vide para 12 has observed as follows:- "12. Though it is difficult to have an accurate assessment of the compensation in the case of children [2025:RJ-JP:25705] (3 of 3) [CMA-5607/2018] suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Re.1 lakh, unless there are exceptional circumstances to take different yardstick." 8. The Tribunal, under the head of medical treatment expenditure has already allowed Rs.5,000/- and in view of the permanent disability of the claimant- Anjana i.e. 34.5% and the observation of Hon'ble Apex Court in the case of Master Mallikarjun (supra), she is entitled for compensation to the tune of Rs.4,00,000/- in addition to the amount awarded under the head of actual medical treatment. 9. Accordingly this appeal is partly allowed. 10. The compensation amount as awarded by the Tribunal vide judgment and award dated 10.08.2018 is enhanced to a total compensation amount Rs.4,05,000/- including the compensation amount awarded by the Tribunal. The remaining terms and conditions as regards the interest and manner of disbursement shall remain same as per the terms of award passed by the Tribunal. (GANESH RAM MEENA),J Gaurav Srivastava /Satyendra/97