DELHI TRANSPORT CORPORATION Vs. KUMARI LALITA

JUDGEMENT

(1.) The Facts. On 5-12-1961 at about 9.30 a.m. the respondent, Kumari Lalita a girl of eight, was standing at the bus stand of Vinay Nagai Colony at Ring Road, New Delhi. She was waiting for the arrival of the bus to go to her school. All of a sudden a bus of appellant No. I, Delhi Transport Corporation (the Corporation), No. DLP 705 driven by Suresh Chander, appellant No. 2 came and crushed her. Lalita received severe and lasting injuries. The accident was a disaster. She. was permanently disabled. She was crippled for life. The doctors gave evidence before the Motor Accidents Clamis Tribunal where she brought her claim for damages. They paid that she would never be a normal child again. She will never be able to walk. She will limp. She will not be able to bear children. She will have no control ever her bowel action. Her natural development has been retarded.

(2.) On the question of negligence the tribunal was of the opinion that the driver was guilty of rash and negligent driving. But it found Lalita also guilty of contributory negligence to the extent of 20 percent. As regards comnensation the tribunal assessed damages at Rs. 15,000 but award- ed her only Rs. 12,000 because of her contributory negligence. This was the decision of the tribunal on 10th August, 1964.

(3.) From the order of the tribunal the Corporation brought an appeal. Lalita filed cross-objections. A learned single judge (V. D. Misra, J. as he then was) by order dated July 21, 1972 increased the compensation from Rs. 12,000 to Rs. 50,000. He dismissed the appeal of the Corporation. He allowed the cross-objections of Lalita. From his order the Corporation has brought this lexers patent appeal Again Lalita has filed cross-objections claiming that the compensation be increased from Rs. 50,000 to Rs. 1 lakh. Contributory negligence of children.