K SAPANA Vs. B APPA RAO

JUDGEMENT

(1.) In this appeal, it has become necessary to refer to the various Heads of Pecuniary and Non-pecuniary losses in injury cases. Incidentally, I shall refer to the method of arriving at the multiplicand white computing future pecuniary losses and the Deductions therefrom.

(2.) The appellant who is a young girl met with a serious accident on 24-4-1978 at Kakinada. The right front wheel of the respondent's lorry belonging to the 2nd respondent and driven by the 1st respondent ran over the right leg. The right leg below the knee had to be amputated. She was in the Government Hospital Kakinada for a prolonged period i.e., 24-4-1978 to 5-8-1978. At the time of accident, she was 12 years old and was in the 6th Class and had a good future scholastic career, her father being a Lecturer in the M.S.N. Degree College, Kakinada. Her mother was working as a Health Supervisor in P.H.C. Pandur. The chances of good education and marriage were shattered. She sufferrd and will suffer physical and mental agony, throughout her life. Soon alter the operation, the patents were corresponding with an artificial limb centre at Pooaa. A total compensation of Rs. 80,0001- was claimed comprising of Rs. 30,000/- for medical expenses, treatment and artificial limb ; Rs. 40,000/- for loss of prospects of marriage and loss of future earnings and Rs. 10,000/- for physical and mental agony.

(3.) The respondents 1 and 2 remained ex-parte before the Tribunal and the matter was contested by the 3rd respondent. Insurance Company. On a consideration of the evidenee, the Tribunal, in its judgment dated 26-11-1979 held that negligence of the driver was proved and it passed a decree for Rs. 20,000/- for general damages and awarded Rs. 8,000/- as special damages towards expenses for replacement of artificial limb, and travelling expenses, in all Rs. 28,000/-. Against the said judgment, the claimant, represented by her father, has filed this appeal.