Baby Sapna vs Sh. Attar Singh And Anr.
2003 Latest Caselaw 1372 Del

JUDGMENT

S.K. Mahajan, J.

1. The appellant has filed this appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal for the injuries suffered by her in a road accident caused by the rash and negligent driving of the offending vehicle owned by respondent No. 2 and being driven by respondent No.1.

2. The only ground on which this appeal has been filed is that despite the fact that the appellant, who was a child of five years at the time of accident had lost her memory and had suffered permanent disability, the Tribunal has awarded a meagre compensation of Rs. 10,000/- towards pain and sufferings and Rs. 5,000/- towards injuries to the head and removal of bone. It is submitted by learned counsel for the appellant that in the accident caused by the rash and negligent driving of the offending vehicle the minor appellant was seriously injured and she suffered permanent disability after having received grevious injuries in the scalp. The appellant had to undergo surgery of her head when the Doctors had to remove a bone from the head of the appellant which resulted in permanent disability to the appellant. The appellant was a student of K.G. class and was stated to be quite brilliant but after the accident she cannot retain her memory and has become mentally retarded which disability she will have to suffer throughout her life.

3. The Tribunal on the facts of the case held that the accident was caused due to the rash and negligent driving of the offending vehicle. The Tribunal further held that in the case of an injury to a young child, the shock, pain and agony for the injury to the child is also shared mainly by the parents who were to look after the child. It was held that the minor had to stay in the hospital during the period of her treatment which might have caused extra expenditure to the family and removal of a part of the bone of scalp would certainly affect the child and render her scalp weak against possible future injuries. Despite holding all this, the Tribunal awarded a compensation of Rs. 10,000/- towards pain, shock and sufferings and Rs. 5,000/- towards medicines and conveyance and Rs. 5,000/- for injury to the scalp. The Tribunal while awarding compensation has itself observed that removal of a part of the bone of the scalp would certainly affect the child and render her scalp weak against future injuries. This, in my view, has caused permanent disability to the head of the appellant inasmuch as she has not only become prone injuries but she may also not retain her memory. In my opinion, therefore, the Tribunal ought to have awarded compensation keeping in view the fact that the child has to suffer this permanent disability throughout her life. The award of a sum of Rs. 5,000/- under this head by the tribunal is too meagre. I, accordingly, enhance compensation under this head to Rs. 50,000/-.

4. The only other head under which the appellant has claimed enhancement of compensation is for mental pain, shock and agony suffered by the appellant. The appellant will have to suffer mental pain, shock and agony throughout her life because of the permanent disability caused to her. She also suffered mental pain, shock and agony when she was operated upon and remained in the hospital. She may also remain under a trauma throughout her life. Having regard to all these factors, I award a sum of Rs. 50,000/- towards pain, shock and agony to the appellant.

5. For the foregoing reasons, I allow this appeal and enhance the compensation from Rs. 20,000/- to Rs. 1,05,000/-. The appellant will also be entitled to interest on the enhanced compensation @ 9% per annum from the date of award till the date of payment. In the circumstances of the case, however, parties are left to bear their own costs.