M GUNASUNDARI Vs. BRILLS TRANPORTS

JUDGEMENT

(1.) The fate should not have been so cruel to the girl. However, it was. This is the case of a girl, whose future became crippled and miserable, 12 years old girl who is supposed to lead her life with dreams fun, joy and enjoyment like her friends was crippled because of the accident occurred on 29.11.1996. She was riding her bicycle which was hit by an oil tanker lorry belonging to the first respondent herein. As a result, she sustained injuries resulting in amputation of her right teg near hip, dislocation of portion in left leg ankle and knee, severe injuries in the head and internal injuries in chest and stomach. Hence, the claim petition was filed to the tune of Rs. 11.00 lakhs and the same was resisted by the second respondent-Insurance Company.

(2.) On appreciation of pleadings and evidence on record, the Tribunal came to the conclusion that the accident occurred because of the negligent driving of the first respondent Oil tanker lorry and considering various aspects and granted a sum of Rs. 5,20,000/-, Aggrieved by the quantum of compensation, the present appeal has been preferred by the claimant.

(3.) Mr.C.Munusamy, learned counsel for the claimant submitted that she was a school going girl aged about 12 years and lost her future by the accident and contented the amount granted by the Tribunal is very meagre considering the loss caused to the claimant. The Tribunal granted Rs. 5,20,000/- in the following manner. 1) Transportation charges Rs. 2,500/- 2) Extra Nourishment Rs. 17,000/- 3) Damage clothes Rs. 500/- 4) Cost of medicine Rs. 10,000/- 5) Loss of marital life Rs. 75,000/- 6) Additional transport expenses Rs. 40,000/- a Pain and Suffering Rs. 50,000/- 8) Permanent disability Rs. 75,000/- Loss of earning power Rs.2,5 0,000/- Rs.5,20,000/-