AVADH BEHARI ROHATGI, LEELA SETH
DELHI TRANSPORT CORPORATION – Appellant
Versus
KUMARI LALITA – Respondent
( 1 ) THE Facts. On 5-12-1961 at about 9. 30 a. m. the respondent, Kumari Lalita a girl of eight, was standing at the bus stand of Vinay Nagai Colony at Ring Road, New Delhi. She was waiting for the arrival of the bus to go to her school. All of a sudden a bus of appellant No. I, Delhi Transport Corporation (the Corporation), No. DLP 705 driven by Suresh Chander, appellant No. 2 came and crushed her. Lalita received severe and lasting injuries. The accident was a disaster. She. was permanently disabled. She was crippled for life. The doctors gave evidence before the Motor Accidents Clamis Tribunal where she brought her claim for damages. They paid that she would never be a normal child again. She will never be able to walk. She will limp. She will not be able to bear children. She will have no control ever her bowel action. Her natural development has been retarded.
( 2 ) ON the question of negligence the tribunal was of the opinion that the driver was guilty of rash and negligent driving. But it found Lalita also guilty of contributory negligence to the extent of 20 percent. As regards comnensation the tribunal assessed damages at Rs. 15,000 but award- ed
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