RAHEEDA Vs. T. PRAKASH AND ORS.

JUDGEMENT

(1.) On 10.5.1983, appellant Rasheeda, minor then aged 31/2 years along with her elder sister Safia was standing on the southern side of the road leading from Irikkur town to Irikkur bus stand in front of Government Dispensary. At that time bus KLN 5709 belonging to the first respondent, insured by the third respondent and driven by the second respondent came from east to west and hit Rasheeda causing injuries. She was taken in a jeep to Government Hospital, Irikkur, from there to District Hospital, Cannanore and finally to Medical College Hospital, Calicut. An operation was performed on her. Her right leg was amputated at that time. She was discharged on 10.8.1983. Even subsequently she was taken on several occasions to Medical College Hospital for treatment. She was in crutches at the time of filing the petition and unable to move because of pain. She had become permanently disabled. Alleging that the accident took place on account of the rash and negligent driving of the bus, she filed through her next friend, father claim petition seeking Rs. 97,000.00 as compensation. The claim was resisted by the respondents who alleged that the accident took place because she suddenly ran across the road and not on account of any rash or negligent driving of the bus. They also challenged the claim as excessive.

(2.) The Tribunal upheld the claimant's case that the accident took place on account &i fee rash and negligent driving of the bus, fixed the compensation payable at Rs. 39,250.00 (inclusive of Rs. 7,500.00 awarded under Sec. 92-A) with proportionate costs and interest at 6% from date of petition till realisation. Being dissatisfied with the quantum of compensation awarded, she has filed this appeal.

(3.) The following are the amounts claimed by the claimant and awarded by the Tribunal. <FRM>JUDGEMENT_76_LAWS(KER)1_1991.htm</FRM>