Arshiya vs Rachayya

A.V. Chandrashekara, J.—Heard the learned counsel appearing for the parties.

The matter is taken up for final hearing with consent of both counsels. The matter relates to the compensation awarded by the M.A.C.T VI, Bijapur in MVC No. 307/2013, to a girl aged about 6 years which had sustained fracture of right tibia and fracture of right parietal region. A compensation of Rs. 62,500/- has been awarded.

Being aggrieved by the lesser quantum of compensation awarded by the Tribunal, the claimant has appeared before this Court. After perusing the records, it is evident that the petitioner had sustained fracture of right tibia and lacerated wound over the right parietal region. No medical expenses has been awarded. Even if, it is accepted that the injured had been treated in a Government Hospital, all the medicines will not be given freely, because of lack of supply medicines. Some minimum amount will have to be awarded under the "medical expenses" irrespective of the fact that the injured was treated in a Government Hospital. Under this head a sum of Rs. 10,000/- has to be awarded A sum of Rs. 30,000/- has been awarded under the head "pain and suffering". The claimant was injured during the year 2013. Taking into consideration the fracture of an important bone of leg and lacerated wound on the parietal region of the head, a sum of Rs. 40,000/- would be this reasonable amount under the head of "pain & suffering", instead of Rs. 30,000/- awarded by the Tribunal.

A sum of Rs. 5,000/- is awarded "loss of earnings" and a sum of Rs. 13,500/- under the head of "loss of future earnings" on account of permanent disability.

The doctor has assessed the disability at 20% of the lower limb. The disability referred to the whole body is about 6%. When the injured age was hardly 6 years, there is every likelihood fracture of bone getting united without any mal union. Instead of awarding the amount under head of "loss of earning during laid up period", "loss of future earnings", a substantial amount will have to be awarded under the lead of "Loss of amenities and future unhappiness", since the young girl was denied the joining with her friends of her equivalent age and enjoying herself. Instead of Rs. 18,500/- a sum of Rs. 50,000/- would be reasonable amount under the head of loss of amenities and future unhappiness''.

A sum of Rs. 4,000/- is awarded under the head of "Attendant charges, diet, conveyance and others charges". Taking into consideration the gravity of the injury sustained by the claimant during the relevant period, a sum of Rs. 10,000/- would be reasonable amount under the head of "Attendant, diet, conveyance and others", instead of Rs. 4,000/-. Hence, the appellant would be entitled to a total compensation amount under the heads as follows.

The total compensation amount of Rs. 1,10,000/- is reasonable and just compensation in the present case, out of Rs. 62,500/-, as awarded by the Tribunal will have to be deducted, as this amount has already been awarded by the Tribunal. Hence, the claimant is entitled an enhanced compensation amount of Rs. 47,500/- (Forty seven thousand, five hundred) with interest @ Rs. 9% per annum from the date of filing of petition, till realization.

Out of Rs. 47,500/-, a sum of Rs. 20,000/- be released in favour of her father Mohd. Rafiq, as he has spent sufficient amount towards her medical expenses and other incidental expenses and remaining amount shall be deposited in her name in any Nationalised Bank of the choice of the claimant''s father, till she attains the majority, or for a period of 10 (ten) years, whichever is earlier.