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Head Note

Motor Vehicles Act,1988  - Section 166 , Section 168 , Section 173

Injured girl studying in 11th standard holding first rank in her school - Sustained farcture to her both legs - Not able to sit with cross-legged - Knee folding restricted between 25 degree to 85 degree - Notional income of injured taken as Rs. 6,000/- p.m. - Tribunal awarded compensation of Rs. 6,46,000/- which was enhanced to Rs. Rs. 18,22,000/- by High Court - Held - Appellant is a brilliant student and secured first rank in 10th standard - Would have had a better future in terms of educational career to acquire basic or master degrees in professional course and could have got a suitable employment - Monthly income assessed being too meogre - Rs. 10,000/- assessed as monthly notional income for computation of just and reasonable compensation - Appellant also entitled to 50% increase towards future prospects of income - Total amount towards loss of income calculated as Rs. 22,68,000/- - Amount under head of pain and suffering enhanced from Rs. 1,00,000/- to Rs. 2,00,000/- - Compensation towards loss of amenity and attendant charges also enhanced from Rs. 1,00,000/- to 2,00,000/- - Amount of Rs. 2,00,000/- under head of loss of enjoyment and marriage prospects enhanced from Rs. 2,00,000/- to Rs. 3,00,000/- - Appellant also awarded Rs. 50,000/- for purchase of crutches and Rs. 25,000/- as cost of litigation - Total compensation enhanced from Rs. 18,22,000/- upto Rs. 30,93,000/- with interest at 9% p.a.

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