NITHIRITHIL SHERLY Vs. C.M. CHANDRAMATHI

JUDGEMENT

(1.) APPELLANT was the claimant in an application under Section 110-A of the Motor Vehicles Act, 1939 in respect of an accident which took place on 31.5.1981 while she was traveling as a passenger in the bus KRV 3155 belonging to the first respondent and driven by the third respondent and insured with the second respondent. This bus had a brush with a luxury coach KRT 1297 in which the appellant who was then aged 13 years and a school going girl lost the tip of her index finger on the right hand. She filed the claim for Rs. 75,000/-, claiming Rs. 15,000/- for pain and suffering, Rs. 25,000/- for permanent disability, Rs. 30,000/- for loss of earnings due to loss of studies and Rs. 5000/- for transportation and bystander and others. The other vehicle KRT 1297 was owned by the 4th respondent, driven by the 5th respondent and insured with the 6th respondent. The Tribunal awarded a total compensation of Rs. 2,425/- with interest thereon at 6% per annum from the date of the petition, made up of Rs. 1000/- for pain and suffering, Rs. 1000/- for permanent disability and Rs. 425/- for transportation and attendant. Being aggrieved by this award the claimant has come up with this appeal claiming the entire amount claimed.

(2.) WE heard Counsel for the appellant so also Counsel for respondents 1 to 3 and 6, respondents 4 and 5 being exparte. Having heard Counsel we feel that the compensation awarded by the Tribunal is inadequate and that it has got to be enhanced in the manner indicated below. The Tribunal awarded an amount of Rs. 1000/- by way of compensation for the pain and suffering suffered by the claimant. Ext. Al is the wound certificate and it shows that the injury suffered by her was the cutting off of the tip of the first phalanx of the index finger on the right hand, with the cut edge of the bone projecting. She had also another injury on the left hand. She was in the hospital from 31.5.1981 to 14.6.1981 for a period 15 days, after which she was discharged stated to be cured. In view of the fact that she was in the hospital for nearly two weeks and the injury suffered by her was of a painful nature, we are of the view that the award of Rs. 1000/- made by the Tribunal is inadequate. We feel that the interests of justice in this case require that it should be enhanced to Rs. 2500/-.

(3.) WE do not also find any reason to interfere with the compensation awarded by the Tribunal for transport charges and attendant charges. The amount of Rs. 425/- is just on the evidence in the case and it does not call for any interference.