Shilpi vs Mahesh Kumar

Amarjeet Chaudhary, J.—One Shilpi (minor) daughter of Ramesh Chand, resident of House No. 9504/6, Sarafa Bazar, Ambala City, had received serious injuries in the road accident on 4.11.1990. Thereafter she filed a claim petition through her father Ramesh Chand being her natural guardian, under Section 166 of the Motor Vehicles Act, 1988, seeking compensation to the tune of Rs. 5 lacs. The Motor Accident Claims Tribunal, Kurukshetra, (hereinafter called as the Tribunal) awarded a total compensation to the tune of Rs. 9,000/ to the claimant. The liability to pay the amount of compensation was fastened upon all the respondents jointly and severally.

Dissatisfied with the award of the Tribunal, the appellant has filed the present appeal for enhancement of the compensation.

Counsel for the appellant contends that the Tribunal had erred in awarding meagre compensation to the appellant, who, at the time of her accident, was aged 3 years and had sustained serious injuries.

I have heard counsel of both sides and perused the award of the Tribunal.

The appellant was examined by Dr. Bhaskar Gupta, Medical Officer, Civil Hospital, Shahabad on 4.11.1990 and he found the following injuries on the person of the appellant.

"There was disfigurement of left thigh in middle. Diffused swelling was present. Area was tender. Xray was advised."

Thereafter the appellant was treated by Dr. Ashok Kumar Nandra, who found a fracture of shaft femur in her left side, for which she was operated upon under general anaesthesia. The appellant was again admitted in Nandra Hospital and was operated upon on 19.12.1990 due to displacement of fracture. Due to second operation on account of displacement of fracture, the appellant remained immobile till January, 1991.

Keeping in view the nature of injuries suffered by the appellant, I am of the view that the compensation awarded is too meagre. The agony of the child is beyond imagination. The pain and suffering must have immobilised her for a pretty long time. I am of the opinion that the Tribunal has erred in awarding inadequate compensation on account of injuries, pain and suffering and medical expenditure. Therefore, I enhance the compensation from Rs. 5,000/ to Rs. 40,000/ on account of pain and suffering and from Rs. 1,000/ to Rs. 5,000/ on account of medical expenditure. The appellant shall be entitled to the interest at the rate of 12% per annum on the enhanced amount of compensation. However, the compensation already awarded by the Tribunal is to be adjusted against the enhanced amount of compensation.

The award of the Motor Accident Claims Tribunal, Kurukshetra, is modified to the extent indicated above.

The appeal is disposed of in the above terms.