ROOPA Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal has been preferred by a 6-year old girl who met with an accident on 19/4/2012 in front of Abiruchi Family Restaurant, Kudithini. The appellant was going back home by foot from the flour mill along with her mother when a lorry bearing No. KA-34/A3719 dashed against the appellant. The lorry ran over the legs of the appellant and she suffered fracture of 9th rib and femur, and dislocation of temporal head. On account of the injuries, her right leg had to be amputated and there is also a loss of right lower limb with half of pelvis affecting her private parts as well.

(2.) The learned Tribunal awarded a compensation of Rs.8,09,000.00 but the High Court in appeal enhanced it to Rs.13,65,000.00 along with interest at the rate of 6% on the enhanced amount.

(3.) Learned counsel for the appellant relied upon an order passed by this Court in Kajal v. Jagdish Chand and Ors.[(2020) 4 SCC 413] as well as judgment of this Court in Master Ayush v. Branch Manager, Reliance General Insurance Co. Ltd.,Civil Appeal No. 2205-2206 of 2022 decided on 29/3/2022. to contend that keeping view the injuries suffered, the amount of compensation is wholly inadequate. The High Court returned the following finding: