NEW INDIA ASSURANCE CO LTD Vs. GIRJABAI

JUDGEMENT

(1.) GIRJABAI was four years old. She lost her left leg below knee in an accident with a truck. A total amount of Rs. 1,00,000/- was granted by way of compensation. The insurance company is of the view that this is too high a price for a leg of which Girjabai has been permanently deprived.

(2.) THERE is no dispute with regard to the factum of an accident having taken place. The dispute is with regard to quantum of compensation. The Motor Accidents Claims Tribunal awarded:

(3.) I am of the view that no exception can be taken to the amount of compensation. The claimant as she grows would have to adjust with artificial leg from year to year till she attains full height. The artificial leg would have to be changed a number of times. Thus, the figure of Rs. 40,000/on this count is on the lower side. The Tribunal has also not taken note of pain and suffering. The expenses incurred by the parents towards medical expenses have not been adverted to.