SUDHA Vs. K. CHENTHAMARAKSHAN

JUDGEMENT

(1.) THIS appeal by Sudha, aged 8 years on the date of the accident, is against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P. (M.V.) No. 6 of 1985 whereby the learned Tribunal awarded a sum of Rs. 5,150/- as compensation for the injuries caused to her in the motor accident which occurred on 20.12.1982 as a result of the rash and negligent driving of the driver who is the respondent No. 1. Respondent No. 2 is die owner and respondent No. 3 is the insurer.

(2.) FIRST of all the nature of the injuries need to be noted. That the accident was caused by rash and negligent driving of respondent No. 1 is not in dispute.

(3.) IN our opinion, the loss of prospects of marriage is a serious loss. In the society in which the appellant lives marriage makes a great difference to the life after certain age. The loss of prospects of marriage is not always measurable in terms of money. Secondly, pain arid suffering of the girl has not been compensated. The evidence reveals that apart from the period of hospitalisation, the girl also suffered pain thereafter. The disability caused to the right leg permanently affects her life and career. On account of these factors alone a sum of Rs. 50,000/- is payable as compensation. In our opinion, the amount awarded by the learned member of the Tribunal is too inadequate. He ought to have granted the entire amount claimed under different heads.