RASHIDA MOHMEDALI ISAP Vs. RASIKLAL MANILAL RAVAL

JUDGEMENT

(1.) The adequacy of the amount of compensation of Rs. 29 0 awarded to the appellant/original claimant in Motor Accident Claim Petition No. 23 of 1982 is questioned before us in this appeal.

(2.) The claim for compensation arose out of an accident which occurred on 6-5-1981 at about 7 a.m. near Nabipur Bus Stand in Bharuch District. Minor claimant Rashida was violently knocked down by the driver of the motor tempo No. G.R.T. 5077 resulting into serious injuries on the right hand left other parts of the minor claimant. Ultimately her left leg came to be amputed above knee. She claimed an amount of Rs. 89 0 by way of compensation from the driver owner and insurer of the offending tempo. The claimant was hardly 12 years at the relevant time and she was studying in VIII standard.

(3.) On appreciation of the facts and circumstances the Tribunal reached to the conclusion that the original opponent- No. 1 driver of the tempo was rash and negligent and responsible for the accident and resultant injuries to the minor. The Tribunal awarded an amount of Rs. 25 0 for amputation of leg under the head of pain shock and sufferings and an additional amount of Rs. 4 0 for medical expenses transport charges and other sundry expenses also came to be awarded. Thus the claimant was awarded Rs. 29 0 by way of compensation under both the heads from all the opponents with interest at the rate of 6% per annum from the date of the application till realisation with proportionate costs.