SREEDEVI Vs. RAMESH S BAGI

JUDGEMENT

(1.) THE claimantinjured, a minor girl aged 4 years represented by her natural guardian father, has preferred this appeal under section 173 (1)of the Motor Vehicles Act, 1988 (for short 'the Act'), being aggrieved of the judgment and award dated 7. 2. 2002 passed in m. V. C. No. 1609 of 1998 on the file of the court of the Addl. M. A. C. T. and C. J. (Sr. Dn.) and Asstt. Sessions Judge, Athani (for short 'the M. A. C. T. ' ).

(2.) THE fact that the claimant sustained grievous injuries in an accident which occurred on 14. 4. 1998 involving a motor vehicle belonging to the respondent No. 1, insured with the respondent No. 2 and driven by the respondent No. 3, is not in dispute. The finding of the M. A. C. T. that the motor vehicle involved in the accident was driven at a high speed and in a rash and negligent manner by the respondent no. 3 had caused the accident resulting in injuries to the claimant is not in controversy and, therefore, there is no need for this court to review the said finding. The appeal is restricted to the quantum of compensation awarded by the M. A. C. T. , as inadequate, unjust and not within the contemplation of the Act.

(3.) MS. Mithuna, the learned counsel for the appellant while assailing the finding of the M. A. C. T. sought to contend that award of compensation of Rs. 79,924 was meagre having regard to the fact that both legs of the child were grievously injured resulting in 60 per cent disability to the left leg and 30 per cent disability to the right leg; was an inpatient for a period of 2 months during the period of treatment; operated upon twice; lost amenities of life, lost education; prospects of marriage and prospects of being maintained by her husband and the housekeeping ability. The learned counsel further contends that the award of compensation towards pain and suffering, medical expenses, attendant charges and grievous injuries, were inadequate.