Miss Ragani vs Shri Raju And Ors.
2002 Latest Caselaw 699 Del

JUDGMENT

R.C. Chopra, J.

1. This appeal is directed against an order dated 22nd September, 1999 passed by learned MACT, New Delhi, by which the appellant's claim petition under Section 166 of Motor Vehicle Act was allowed and a compensation of Rs. 1,00,000/- was awarded in her favor. The appellant is aggrieved by the assessment of compensation and prays that it should be enhanced.

2. I have heard learned counsel for the appellant and learned counsel for respondent No. 3. I have gone through the records.

3. The facts, relevant for the disposal of this appeal, briefly stated are that on 25th October, 1995, the appellant, a girl aged about 13 years, sustained serious injuries in a road accident while crossing the road. The injuries were caused by a Maruti Van which was being driven by respondent No. 1. Respondent No. 2 was alleged to be the owner and respondent No. 3, the insurer of the said Van. According to the appellant-petitioner, she suffered grievous injuries in this accident and was admitted to Army Hospital, Delhi Cantt., New Delhi. She was also taken to Army Hospital, Pune and remained in two Hospitals for over four months. According to her, she suffered injuries on her head as well as leg and had to undergo surgical operations. It was alleged that her leg had been shortened and now she was on crutches. A sum of Rs. 10,00,000/- was claimed as compensation on account of pain, mental agony, suffering, expenses on medicines, loss of future career and comfortable life. Only respondent No. 3 contested the petition.

4. Learned Tribunal, after the examination of PW-1 the mother of the child, closed prosecution evidence and thereafter proceeded to dispose of the petition. He came to the conclusion that the child had suffered injuries on account of rash and negligent driving on the part of respondent No. 1. It was also held that the petitioner had suffered fracture of left femur, tibia and fibula and had remained hospitalised from 25.10.1995 to 19.1.1996 and again from 8.6.1996 to 31.7.1996. It was held that she had suffered deformity and shortening of lower limb by 3 centimetres.

5. Documents Ex.PW1/1-11 regarding injuries and treatment were admitted in evidence in the course of the testimony to PW1. These documents include a medical certificate issued by Doctors of Army Hospital, Pune issued on 1.11.1998. The respondents did not challenge these documents and as such there appears to be no impediment in relying upon the same specifically for the reason that the same are coming from Army Hospital and do not appear to be manipulated or manufactured documents. These documents establish on record that the petitioner-child had remained in hospitals for about 4-1/2 months and had undergone surgery at Command Hospital, Delhi as well as Pune. These documents establish that on account of injuries sustained in the accident in question, there is shortening of about 3 centimetres in petitioner's left lower limb and deformity of the left hip also. There was fracture of her left femur, tibia and fibula. She had developed non-union with infection and had undergone enormous pain, suffering and torture not only at the time of the accident but there after also in the course of her treatment and surgeries. The petitioner, therefore, has to be adequately compensated not only for shock, pain and suffering but for her future discomfort, problems and loss of normal life also. It can be safely held that in view of the shortening of left lower limb, the petitioner, who is a girl child, shall irreparably suffer in the matter of her marriage and matrimonial life.

6. The learned Trial Judge did not allow petitioner's claim in regard to the expenditure on medicines etc. mainly on the ground that she had not produced any bill nor there was any independent evidence in support of this claim. This Court is of the considered view that after such a serious accident and on account of such a prolonged treatment the injured or her family inspite of having treatment in Government Hospitals must have spent considerable amount on medicines purchased from market and must have incurred some expenditure on special diet etc. also so that the petitioner could regain her health. Therefore, outright rejection of petitioner's claim on the ground that no bills had been proved or no independent evidence had been produced was unwarranted. The Tribunal ought to have awarded some compensation to the petitioner in this regard upon estimated basis.

7. This Court is further of the view that the petitioner, a girl child, besides suffering the agony and mental pain on account of injuries and repeated surgeries has seriously suffered in her career and future prospects. She has suffered in studies, would never live a normal life, her chances of matrimonial alliance have been shattered and all through her life she would live like a cripple requiring someone to support her for day to day needs and moving around. She will have to incur enormous expenditure on traveling, physical aids, medicines and diet for the reason that now she would never be a normal human-being.

8. In view of the statement of PW1 and the documents proved on record, this Court is of the considered view that the compensation of Rupees one as lakh awarded by the learned Tribunal was wholly inadequate and needs enhancement so that a just and fair compensation is paid to the petitioner.

9. The compensation awarded to the petitioner for pain, suffering and shock was Rs. 25,000/- but considering the extent and nature of injuries discussed above and the protracted treatment in the course of which also the petitioner suffered pain and agony, this Court is of the considered view that the compensation under this head should be Rs. 50,000/-. A sum of Rs. 75,000/- was awarded by the learned Tribunal towards shortening of leg and deformity which have necessitated use of crutches. Considering the fact that this permanent disability has ruined the petitioner's life and future, this Court is of the view that the compensation in this regard ought to have been atleast Rs. 1,50,000/-. This includes compensation to her on account of loss of studies, adverse impact on her matrimonial prospects, future expenditure that the petitioner shall have to incur on various aids, medicines, traveling etc. for the rest of her life. The petitioner ought to have been awarded some compensation towards expenditure incurred on her medicines and special diet also upon an estimated basis. A sum of Rs. 25,000/- can be safely awarded to her under this head. Therefore, the petitioner is entitled to a total compensation of Rs. 2,25,000/- and not merely Rs. 1,00,000/- as awarded by the learned Tribunal.

10. The appeal is, therefore, allowed and the compensation awarded to the appellant is enhanced to Rs. 2,25,000/- with interest @ 9 per cent per annum on the enhanced amount from the date of the filing of the petition till the date of this order. The enhanced amount shall be released after deducting the amount already paid within two months of this order failing which the respondent No. 3 shall be liable to pay future interest on the enhanced amount @ 9 per cent per annum from the date of this order till the date of payment.

11. Out of the awarded amount a sum of Rs. 50,000/- shall be released in favor of the petitioner forthwith and the balance shall be deposited in a Nationalised Bank for a period of seven years. However, in case of some urgent need or requirement of the amount by the petitioner, the Tribunal concerned shall be at liberty to release a part of the fixed deposit amount in petitioner's favor after recording satisfaction in regard to urgency and bonafide need.

12. The appeal stands disposed of accordingly.