T.S. Ganga vs Jabbar Khan and Others

M.P. Chandrakantaraj Urs., J.—The girl who was the victim of the accident has been awarded under the general heading for suffering and pain a sum of Rs. 28,000/-. It has been in evidence that she was attending the dancing school and that she was interested in learning Bharatnatyam. About this, the only evidence available was that of her father anu the victim herself. They have been examined as PWs 1 and 2. But it is also in evidence that she continued to attend the dancing class, though the medical evidence was that she was suffering 20 to 25 per cent disability in her left lower leg. This is an apparent contradiction if that much of disability was there, she could not have continued to attend the dancing class.

Therefore, on the admission made by the father of the victim, we do not find that the award under the head general damages for pain and suffering is on the lower side and calls for enhancement.

Mr. P.L. Kumaraswamy, learned Counsel, however, stressed that the injury has reduced the prospect of marriage. That again is something, which this Court cannot countenance. Even persons with strong limbs without any injury may not find themselves a suitable husband or a wife. The Court cannot speculate whether a girl who loses one of her limbs cannot marry on account of the injury to the limb such as the fracture suffered in the instant case and award damages. If it does, the Court would be compelled to put such persons on terms. If the girl does not marry within a specified period she must refund the sum of the one who paid the compensation. If she marries also she is bound to refund. Such a thing being impracticable, no damages under such a head may be given.

We, therefore, do not propose to disturb the quantum awarded by the Tribunal. The appeal is without merit and it is rejected.