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9. It is also submitted that the Tribunal basing on the evidence on record has sufficiently granted the amount towards medical expenditure and the appropriate compensation was granted considering the age of the injured and the medical condition which the appellant-claimant suffers. Such a fixation requires no interference.

10. In the background of the above contentions, the undisputed fact is that the appellant-claimant suffered injury in a road traffic accident. Initially, he was shifted to Udaipur Hospital and, thereafter, due to the seriousness of the condition, the appellant was shifted to Mumbai and the evidence also shows that there is a cervical vertebral contusions were present at C-5 and C-6 and such injuries impacted the cervical spinal cord. Resultantly, the Quadriplegia and upper and lower limbs were impaired and paralyzed and such paralysis also affected the control over the urinary bladder. The evidence also shows that the injured was inpatient for multiple times in Dr. Bacha's Memorial Hospital, Mumbai and also Breach Candy Memorial Hospital and Research [2023:RJ-JD:45039] (4 of 12) [CMA-445/2004] Centre in Mumbai. Unfortunately, the appellant-injured could not examine the doctor. It is needless to say that the provisions under the Motor Vehicles Act is a summary procedure and the strict rules of evidence is inapplicable as is held by the Apex Court in catena of judgments. The unchallenged evidence clearly demonstrates that there is a cervical spinal cord injury on account of contusion at C-5 and C-6 of cervical vertebral and that resulted in loss of sensory or motor action on the spinal cord; resulting into the Quadriplegia, which impacted the upper and lower limbs of the appellant-claimant. The evidence also clearly shows that the injured also took treatment for nearly four years in Mumbai in various hospitals, apart from initial treatment at Udaipur hospital. Inspite of such prolonged treatment, the medical condition of the appellant-claimant has not completely improved. Still the injured suffered from Quadriplegia which is of permanent nature and when the physical condition itself is apparent on the face of record, the production of disability certificate is unwarranted.

18. The Tribunal also failed to consider proper expenditure towards extra diet. The injured was bed ridden and was under

medication for nearly five years. During this period, he must have incurred huge expenditure for special diet. The Tribunal granted Rs.10,000/- for special diet, which is also on a very lower side. A sum of Rs.1,00,000/- is awarded under transportation charges and extra diet.

19. The Tribunal granted a sum of Rs.30,000/- towards attendant's expenses. The evidence on record shows that the injured suffered complete paralysis of upper and lower limbs and there is uncontrolled urination. He was bed ridden for nearly five years and his claim is that during this period attendant services were invoked by paying Rs.2,000/- per month. The Tribunal ignoring such a reality has granted only Rs.30,000/- towards attendant's expenses which is on the lower side. A sum of Rs.1,20,000/- is awarded under attendant's expenses.

[2023:RJ-JD:45039] (10 of 12) [CMA-445/2004]

21. Future Medical Expenses : The medical evidence on record shows that there is a permanent paralysis of upper and lower limb due to vertebral contusion on the cervical spinal cord and this disease is of permanent nature and requires constant medication in the remaining life. The Tribunal has granted only Rs.25,000/- towards medical expenses. Seeing the medical condition and requirement of future medical need considering the age of the injured, this Court is inclined to award a sum of Rs.2,00,000/- towards future medical needs.

23. In the case of Kajal (cited supra) the Apex Court granted Rs.3,00,000/- for loss of marriage prospects. In the present case also, the injured was 14 to 15 years. He suffered complete paralysis of lower and upper limbs and his marital prospects have become very bleak and infact, he has not married. Considering the aforesaid circumstances, a sum of Rs.3,00,000/- is awarded towards loss of marriage prospects. Further, a sum of Rs.3,00,000/- is awarded towards loss of amenities in the remaining life on account of injuries sustained by the injured.