AMBIKA SRIVASTAVA Vs. MADHYA PRADESH STATE

JUDGEMENT

(1.) THIS is a claimant's appeal under Section 110-D of the Motor Vehicles Act, 1939, seeking enhancement in the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Gwalior.

(2.) THE Claims Tribunal has found that on 10.5.1984 at about 12.45 p.m., the appellant was a passenger in a Tempo which was dashed against by a jeep owned by the respondent No. 1, allotted to respondent No. 2 arid driven by the respondent No. 3 at the material time. It was the rash and negligent driving of the driver which was the cause of the accident. The appellant was serving as a draftsman in M.P. P.W.D. and drawing Rs. 755/- per month by way of salary. She was aged 21. The Tribunal has awarded Rs. 10,000/- for the medical expenses, Rs. 3,000/- for special diet, Rs. 2,000/- for mental pain and suffering, Rs. 7,500/- for loss of efficiency and Rs. 4,000/- for loss of future prospects. The total compensation of Rs. 26,500/- has been awarded payable by the respondent No. 1,2 and 3 with interest calculated at the rate of 12 per cent per annum from 26.7.1984, the date of the claim petition, till realisation.

(3.) THE statement of the appellant is fully corroborated by Dr. H.K.T. Razaq supported by the documents, Exhs.P-1 to P-12, believed by the Tribunal. Dr. Razaq was lecturer in Orthopaedics in the Medical College at Gwalior. The appellant's 1/3rd of left tibia and fibula were fractured. She remained admitted from 21.5.1984 to 12.6.1984 in the Female Orthopaedic Ward of the hospital. Throughout she was to remain under traction. While being discharged under plaster on 12.6.1984, she was advised to report back after a month. On 17.8.1984, on being X-rayed, delayed union of the fractured bones was detected. On 23.8.1984, she was again admitted in the hospital and had to undergo phemester bone grafting. On 24.8.1984, long pieces of bone from the iliac crest measuring approximately 3" in length and of full thickness had to be put around the site of the fracture. She was discharged on 13.9.1984, again under plaster.