RITU Vs. REGIONAL MANAGER

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 15,13,000/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.

(2.) The accident dated 30 th July, 1999 resulted in grievous injuries to the appellant. The appellant was six years old at the time of the accident. She was going with her parents from Delhi to Almora by bus. The bus stopped at Garam Pani bus stand and all the passengers including the appellant got down. The appellant was standing on the left side of the road when U.P. State Roadways bus bearing UP-02C 6824 came from behind and crushed the appellant under its left wheel. The appellant was dragged for a distance of about 10 feet. The right leg and a part of the left leg of the appellant were completely crushed under the wheel of the offending bus. The appellant also suffered multiple injuries to spinal cord at the level of 6 th thoracic vertebra. The injuries suffered by the appellant and the treatment taken by her are summarized as under:-

(3.) The injuries suffered by the appellant resulted in permanent disability. The appellant was examined by the Medical Board of Lok Nayak Hospital. Vide disability certificate dated 11 th October, 2003 (Ex.PW6/1), the Medical Board certified the permanent disability of the appellant to be 80% due to Post Traumatic Mylopathy (level T-6) with complete paraplegia (power grade-0) with dense sensory loss and bladder and bowel involvement with B/L ankle and right knee contracture. The Board opined that the appellant would require lifelong nursing care.