Kumari Bindu Vs. Chandra Shekhar and ors. - Court Judgment

Excerpt:
motor vehicles act, 1939 - section 110a--motor accident--compensations--several operations on leg of 10 years old girl--efficiency reduced from 50 to 60 percent--permanent limping handicap for getting a life partner--held, compensation for grafting in future; for mental agony and pain; and for loss is increased.;order accordingly - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. guman mal lodha, j.1. in this appeal kumari bindu was injured in an accident by a pair. claim for compensation of rs. 1,20,000/- was filed. but the tribunal allowed compensation only to the extent of rs. 20,000/-.2. it may be noticed that the injuries caused to kumari bindu are of serious nature and according to the medical evidence the plastic surgery of her leg will have to be repeated by grafting and regrafting three four times.3. dr. keswani was consulted. three doctors were examined including dr. s.s. chandalia of s.m.b. jaipur, aw 2. according to dr. chandalia she remained in treatment from 7-8-1981 to 24-1-1981. there was fracture of feeula 1 x 1 and 1-1/2 was the woon. she was referred for skin grafting. the skin efficiency has been reduced from. 60 percent to 50 percent according to this doctor. according to him operation will have to be preformed even now because complete cure has not taken place. dr. chandra shekhar aw 3 was also examined and he also examined the patient. he signed 2 the ticket from a to b. according to him there was a compound fracture with skin loss, skin grafting was to be done and so she was referred. there was one operation on 12-8-1981. normal strength cannot return and weakness will continue. she would never be able to work as an activist. there would be limping also because of pain in the skin. dr. v.r. maneet was also examined. he also examined the patient bindu. he also verified that there was a fracture of he leg.4. it would thus be seen that the injuries which have been caused to the girl are serious. the grafting over leg about 9 x 1 and half had become apparent. two or more operation will have to be performed. 5. in such circumstances i art of the opinion that the tribunal should have awarded rs. 15,000/- which the claimant claimed for grafting in future. in fact this is moderate amount. 6. the tribunal should have further allowed compensation to the full extent for great mental agony and pain. a small girl of 10 years have not only undergone severe pain and agony but would further continue to have it on account of successive operations of grafting. the amount awarded is rs. 10,000/- i would increase to rs. 25,000/-.7. the tribunal has awarded an amount of rs. 25,000/- only for the loss which would be caused to the girl in her future prospects. for a girl to have such permanent handicap is a serious thing. she would not be suffering in her profession, vocation and domestic life but even for getting a life partner she would be handicapped. further, a female having a limping leg if it happens on account of the loss of strength is looked down by the society, in such a case permitting only rs. 5,000/- for future loss is adding insult to injury. i would allow rs. 25,000/- more under this caption and head. thus, the total amount which would now be given to the claimant would be rs. 70,000/-. accordingly the appeal is accepted. the amount is increased to rs. 70,000/-. the girl bindu appellate would get interest at rate of 12 percent from the date of application till the date of realisation and if any amount in paid in between than the interest would cease to be charged from that date for that particular amount. the parties would bear their own costs so far as this court is concerned.