NARBADA Vs. SURESHCHANDRA MITTAL

JUDGEMENT

(1.) This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short, the 'Act') for enhancement of compensation, awarded on 25-9-1984, in Claim Case No. 83/1983, by the Third Additional Motor Accidents Claims Tribunal, Indore (for short, the 'Tribunal').

(2.) The facts of this case are not in dispute, nor the owner, the driver and the Oriental Fire and General Insurance Company Ltd., (for short, the Insurance Company') have challenged the award on any of the findings recorded against them.

(3.) At the relevant time of accident on 7-10-1983, the claimant, a girl, aged about 11 years, a student of Class IV, was dashed by a motor vehicle (Car No. CPO 503), driven by respondent No. 2, owned by respondent No. 1, and insured with the Insurance Company/respondent No. 3; as a result of that, the claimant received a fracture compound of tibia and fibula of right leg lower 1/3rd. She was taken to the M. Y. Hospital, Indore, where she was admitted as an indoor patient; she was operated by Dr. D. K. Taneja (P.W. 2), Reader in Orthopaedics and consultant Orthopaedic Surgeon, Medical College and M. Y. Hospital, Indore, was put under plaster, and was discharged from the Hospital on 11-10-1983; she remained under plaster till 20-12-1983, and received treatment as an outdoor patient till 10-1-1984. As regards factors contributing to disablement, the Doctor opined that (i) limitation of dorsi-flexion was by 10; (ii) wasting of 11/2 cm. in right thigh and 1 cm in right calf, (iii) healed scar on right leg in lower 1/3rd. Physical disability was assessed by Mc Bride formula and permanent disablement was found to be six percent. Thereafter, the claimant presented an application under Section 110-A of the Act, and claimed compensation of Rs. 32,000/-. The defence of the respondents was that the driver respondent No. 2 did not drive the car rashly and negligently; the claimant came running to the middle of the road and, thus, the accident was caused due to her negligence. The Tribunal awarded Rs. 1,000/- towards special diet and conveyance charges; Rs. 2500/- towards physical disability; Rs. 3500/- for permanent disablement and incapacity to work, and Rs. 3000/- for mental pain and sufferings. Thus, in all, Rs. 10,000/- were awarded.