Judgment:
U.L. Bhat J.
1. On 10.5.1983, appellant Rasheeda, minor then aged 31/2 years along with her elder sister Safia was standing on the southern side of the road leading from In kkur town to Irikkur bus stand in front of Government Dispensary. At that time bus KLN 5709 belonging to the first respondent, insured by the third respondent and driven by the second respondent came from east to west and hit Rasheeda causing injuries. She was taken in a jeep to Government Hospital, Irlkkur, from there to District Hospital, Cannanore and finally to Medical College Hospital, Calicut. An operation was performed on her. Her right leg was amputated at that time. She was discharged on 10.8.1983. Even subsequently she was taken on several occasions to Medical College Hospital for treatment. She was in crutches at the time of filing the petition and unable to move because of pain. She had become permanently disabled. Alleging that the accident took place on account of the rash and negligent driving of the bus, she filed through her next friend, father claim petition seeking Rs. 97,000/- as compensation. The claim was resisted by the respondents who alleged that the accident took place because she suddenly ran across the road and not on account of any rash or negligent driving of the bus. They also challenged the claim as excessive.
2. The Tribunal upheld the claimant's case that the accident took place on account &i; fee rash and negligent driving of the bus, fixed the compensation payable at Rs. 39,250/- (inclusive of Rs. 7,500/- awarded under Section 92-A) with proportionate costs and interest at 6% from date of petition till realisation. Being dissatisfied with the quantum of compensation awarded, she has filed this appeal.
3. The following are the amounts claimed by the claimant and awarded by the Tribunal.
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Amount Amount
claimed awarded
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Rs. Rs.
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Transport expenses 2,500.00 1,500.00
Medical expenses 1,500.00 1,000.00
Expenses for engaging
attenders in Medical
College Hospital for
three months 3,000.00 1,550.00
Permanent disability 80,000.00 25,000.00
Pain and suffering 10,000.00 10,000.00
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4. The evidence shows that her right leg was crushed on account of the accident. There was an injury on the right lower limb extending from back of upper part of thigh to the front of thigh Right thigh muscles were crushed. Right femeral artery was found lacerated. Sciatic nerve was also found crushed. Guillotine amputation was done at the back of mid thigh. There were a few small abrasions on the lower limb and upper extremities. She was treated as inpatient in Medical College Hospital from 14.5.1983 till 10.8.1983. Even subsequently an operation had been performed on her. At the time of filing the petition she was in crutches but subsequently, we are told, an artificial limb has been fitted. The evidence would also suggest that she had been taken to Medical College Hospital on five occasions. The distance between Irikkur and Medical College Hospital is 110 kms. Necessarily while she was in Medical College Hospital assistance of attenders must have been arranged. Having regard to all these circumstances, the compensation allowed for medical expenses and attender's expenses appears to be too low. We fix the compensation under these two heads at Rs. 1,500/- and Rs. 2,000/- respectively. As against the claim of Rs. 80,000/- towards permanent disability the Tribunal awarded only Rs, 25,000/-. The injured is a girl then aged 31/2 years. Prospects of her education and marriage are severely affected by the injury sustained in the accident. She has been permanently disabled; the disability isestimated at 90% by the doctor attached to the Medical College Hospital. Even the artificial limb fitted has to be changed at least on two or three occasions. She would have practically become a burden to her parents and also to herself. Having regard to all these circumstances, we fix the compensation payable on account of permanent disability at Rs. 60,000/- and the total compensation awarded is enhanced to Rs. 75,000/- inclusive of the sum of Rs. 7,500/- awarded under Section 92A of the Motor Vehicles Act.
5. We modify the impugned award by enhancing the compensation to Rs. 75,000/- less Rs. 7,500/- already awarded. The direction given by the Tribunal regarding costs and interest shall stand. The excess amount now awarded by us, on recovery shall be deposited in a nationalised Bank to the credit of the minor claimant. The amount can be withdrawn only on orders of the Tribunal and only for the purpose of marriage or dire necessity of the girl. The appeal is thus allowed but without costs.