MADHYA PRADESH ROAD TRANSPORT Vs. SUGHA SINGH

JUDGEMENT

(1.) THIS is an appeal filed by M.P. State Road Transport Corporation aggrieved by an award under Section 110-D of Motor Vehicles Act, 1939. The claimant respondent No. 1 has been awarded an amount of Rs. 42500/- with interest @ 12 per cent per annum from the date of the application till realisation.

(2.) IT is an admitted fact that passenger bus bearing No. MPW 9762, owned by appellant Corporation, driven by the respondent No. 2 met with an accident on 25.7.84 injuring the claimant/respondent No. 1. It has not been dispute, not could it have been disputed at this stage, that respondent No. 1 aged 14 years on the date of the incident, was seriously injured in the incident His both legs sustained injuries. Injuries to the left leg were more serious in nature. His ankle joint was severely damaged and ultimately the left leg had to be amputated from above the knee joint

(3.) THE Tribunal found that the cause of the accident was the negligence of the driver. In calculating the amount of damages the Tribunal found that an amount of Rs. 15000/- was incurred on account of medicines, medical fees, special diet and other expenses of the treatment An amount of Rs. 18000/- has been awarded as general damages by holding that the claimant's capacity to earn was reduced by Rs. 100/- per month. An amount of Rs. 10000/- was awarded as compensation for mental pain and suffering of the victim. There from an amount of Rs. 500/- awarded ex-gratia by the appellant to the victim, was reduced.