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1991 DIGILAW 255 (KER)

Sudha v. K. Chenthamarakshan

1991-07-02

G.H.GUTTAL, VARGHESE KALLIATH

body1991
JUDGMENT : G.H. Guttal, J. This appeal by Sudha, aged 8 years on the date of the accident, is against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P. (M.V.) No. 6 of 1985 whereby the learned Tribunal awarded a sum of Rs. 5,150/- as compensation for the injuries caused to her in the motor accident which occurred on 20.12.1982 as a result of the rash and negligent driving of the driver who is the respondent No. 1. Respondent No. 2 is die owner and respondent No. 3 is the insurer. 2. First of all the nature of the injuries need to be noted. That the accident was caused by rash and negligent driving of respondent No. 1 is not in dispute. 3. The following injuries were caused by the accident: (1) The lower third of the right leg and the nerves, bones and blood vessels were ruptured. (2) The right foot was hanging down the muscles. (3) Severe crush injuries in the right leg and ankle. (4) Comminuted fracture of right tibia. The evidence shows that the appellant was unable to walk. She lost one year of her school career and has permanent limping due to the shortening caused by the accident. There are three items against which compensation was claimed. First, the prospects of marriage. The appellant had claimed Rs. 7,000/- on this account, secondly, pain and suffering Rs. 5,000/- and thirdly, permanent disability Rs. 18,000/-. Besides, various sums in respect of transport to the hospital, extra nourishment, loss of income of the father, loss of income of the mother, cost of medicine and so on were prayed for. Rs. 50,000/- was claimed by the appellant. The learned member of the Tribunal awarded a sum of Rs. 5,150/- only. 4. In our opinion, the loss of prospects of marriage is a serious loss. In the society in which the appellant lives marriage makes a great difference to the life after certain age. The loss of prospects of marriage is not always measurable in terms of money. Secondly, pain arid suffering of the girl has not been compensated. The evidence reveals that apart from the period of hospitalisation, the girl also suffered pain thereafter. The disability caused to the right leg permanently affects her life and career. On account of these factors alone a sum of Rs. 50,000/- is payable as compensation. Secondly, pain arid suffering of the girl has not been compensated. The evidence reveals that apart from the period of hospitalisation, the girl also suffered pain thereafter. The disability caused to the right leg permanently affects her life and career. On account of these factors alone a sum of Rs. 50,000/- is payable as compensation. In our opinion, the amount awarded by the learned member of the Tribunal is too inadequate. He ought to have granted the entire amount claimed under different heads. 5. For all these reasons we allow this appeal. There shall be an award for a sum of Rs. 50,000/-. The amount shall carry interest at the rate of 12 per cent per annum from the date of the application until realisation. The amount shall be deposited in a nationalised bank during the minority of the appellant and shall be paid to her on her attaining majority. During her minority the father of the appellant who is the guardian in these proceedings is at liberty to receive interest on the amount for meeting the expenses of maintaining Sudha. No order as to costs.