SUCHITRA DAS Vs. BISWANATH SAHU

JUDGEMENT

(1.) The claimant has filed this appeal for enhancement of compensation. It has been found that the claimant who is a minor girl presently aged about nine years (five years at the time of claim application) had sustained injuries in an accident caused by the vehicle belonging to present respondent No. 1. It has been further found that there was negligent driving on the part of the driver of the vehicle. The Claims Tribunal has awarded a sum of Rs. 1,15,000 as compensation. The claimant through her guardian has prayed for payment of Rs. 2,00,000 in all as compensation.

(2.) From the material on record, it appears that the injured was first admitted into M.K.C.G. Medical College, Berhampur and subsequently she was removed to the S.C.B. Medical College and Hospital, Cuttack and treated there for a further period of about twelve days. She was examined by Dr. B.N. Acharya for any neurological defect as well as by Professor of E.N.T. It has been found that she had sustained fracture of the occipital bone and also fracture of petrous (ear-bone). In fact, the Professor of E.N.T. has opined that the injured child had lost ninety per cent of the hearing power. It further appears from evidence that the fracture of occipital bone is a permanent injury as skull bone can never be united, as evident from the evidence of PW 3, the doctor. Apart from the seriousness of the injuries, it is apparent that a girl child would have permanent impairment of hearing throughout rest of her life and definitely she will be considered to be a handicapped person. That apart, it is evident that the parents of the child must have spent a lot of amount for attending to her during her treatment in the S.C.B. Medical College, Cuttack. Many of these expenditures towards transportation, fooding and lodging cannot be hastily proved in a court of law. Having regard to the various facts and circumstances of the case, payment of Rs. 1,15,000 appears to be a pittance compared to the seriousness of the injuries and the trauma caused to a tender child. For the aforesaid reasons, the award is bound to be enhanced. The sum of Rs. 2,00,000 claimed by the appellant cannot be said to be excessive in the facts and circumstances of the case. For the aforesaid reasons, I allow this appeal and enhance the award amount to Rs. 2,00,000 (rupees two lakh).

(3.) The Claims Tribunal had directed for payment of a sum of Rs. 1,15,000 with interest. While confirming the said direction, it is further directed that the enhanced amount, that is to say a sum of Rs. 85,000 should be paid within a period of two months from today, failing which the enhanced amount shall carry interest at the rate of 15 per cent thereafter.