MINOR SABABIBI ABDULMAJID Vs. MOHMADBHAI UMARBHAI

JUDGEMENT

(1.) The appellant-claimant, being aggrieved by the award dated 30th March, 1994 passed by the learned Member, Motor Accident Claims Tribunal No.3, Ahmedabad in M.A.C.P. No.226 of 1981, is before this Court with a submission that the learned Tribunal below erred in confining the award to Rs.25,000/- only, while looking to the nature of the injuries suffered by the claimant, the entire amount of Rs.50,000/- should have been awarded.

(2.) Ms. Hina Desai, learned Counsel for respondent No.3-Insurance Company, submitted that the amount awarded is reasonable and does not call for any enhancement.

(3.) In paragraph 12 of the judgement, the learned Tribunal below has narrated the nature of injuries and evidence of the doctor. The learned Member has recorded that a young minor girl of 4 years had suffered fracture on left thigh and as an after-effect of the fracture, her movements were restricted and external rotations were restricted to 45 and internal rotations were restricted to 70 . The learned Tribunal also found that there was a disfiguring scar of 18 x 10 with certain formation on the left thigh in the middle 1/3rd area. The learned Tribunal also found that she was suffering with limping when walking and was finding difficult in squatting and sitting cross-legged. The learned Tribunal also found that she had suffered permanent partial disability of the left thigh hip region to 10%. The learned Tribunal also found that the minor had suffered a contused lacerated wound of 5 x 2 x 1 on the right groin, extending into right labia majora. The learned Tribunal also found that the doctor opined that it was difficult to equate this in functional loss because of the tender age, but, it was certain from external examination that she had suffered permanent partial disability to the extent of 15%. The learned Tribunal also found that she was likely to soil her clothes and she was suffering pain while urinating. The learned Tribunal also found that even after growth in the age, the scar would not be clear and the injury to the vagina would not disappear. Despite finding all this, the learned Tribunal has awarded only a sum of Rs.15,000/- towards pain, shock, suffering, future enjoyment and amenities of life. Under this head, the appellant, in the opinion of this Court, can safely be awarded a sum of Rs.40,000/-, i.e. Rs.25,000/- in addition to what has been awarded by the learned Tribunal below.