ORIENTAL INSURANCE CO. LTD. Vs. SOUNDARYA AND ORS.

JUDGEMENT

(1.) Gods must be insane, for having been so cruel to the innocent little girl, who was walking on the road, holding her mother's hand, when she was hit behind by a bus driven rashly and negligently by the 2 nd respondent driver causing the accident. Whether any amount of money could get back the leg, which the victim in this case, lost, when she was hardly aged 8 years? Will it relieve her of the pain and suffering, which she underwent, because of the accident or will it revive her marital prospects?. The answers to all the above queries are, unfortunately, in the negative. No amount of compensation would give her the pleasures of life, which, as a normal person, she would have experienced. She has been made to endure untold misery and hardship and also bear the social stigma as a disabled person. It is shameful to note that disabled persons are looked down upon, in our society, as if they are sinners and they are not accepted as normal persons, which gives them more pain and agony, rather than the fact that they are disabled.

(2.) The Civil Miscellaneous Appeal has been filed by the Insurance Company as against the award of Rs.1.009,04,500.00 passed by the Motor Accidents Claims Tribunal (Additional Sub Court), Tiruppur in M.C.O.P. No. 776 of 2012 in favour of the 1 st respondent for the amputation of her right leg from thigh due to the injuries sustained by her in the accident, which occurred on 23/4/2012 when she was dashed down by a bus belonging to the 3 rd respondent driven by the 2 nd respondent and insured with the appellant, while walking on the road holding her mother's hand.

(3.) The claimant has also filed a cross-objection seeking enhancement of compensation.