The court held that the amount of compensation awarded by the Tribunal was grossly inadequate and enhanced it to Rs. 50,000/-.

( 1 ) THIS appeal under section 110-D of the Motor Vehicles Act, 1939, is directed against the order of the Motor Accidents Claims Tribunal awarding compensation to the injured respondent. The respondent has also filed cross-objections claiming enhancement of the compensation.

( 2 ) KUMARI Lalita, who was aged about 8 years, has become a cripple as a result of the accident by the appellant s bus on 6. 12. 61. She was standing at the bus stand of Vinay Nagar Colony, Ring Road, waiting for the bus. All of a sudden a DTU bus No. DLP 705 driven by Suresh Chander came there and crushed her. Extensive injuries were received by her. According to the doctors, she will never be the same again. It is doubtful that she would become normal in future having lost the use of various limbs.

( 3 ) AFTER the accident she filed an application for compensation claiming Rs. 1,00,000. 00. The application was resisted and it was stated that the accident was due to her negligence only since she was running across the road. Various other pleas taken up by the appellants were given up and the Motor Accidents Claims Tribunal was required to find out whether the injuries received by her were due to the rash and negligent driving of the bus in question; whether the injured was guilty of contributory negligence, if so to what effect; and to assess amount of compensation to which the injured was entitled. The Tribunal came to the conclusion that the accident took place because of the rash and negligent driving of the bus. It also found that the injured was also responsible for this accident her contributory negligence being to the extent of 20%. A sum of Rs 15,000. 00 was assessed as compensation and after deducting 20% therefrom awarded a sum of Rs. 12,000. 00, and that there was no negligence on the part of the bus driver.

( 4 ) MR. R. L. Tandon, learned counsel for the appellants, contends that the amount of compensation awarded is very high.

( 5 ) THE injured has examined three eye-witnesses to prove the negligence of the bus driver. These are Ram Parshad Shukla (AW2), Nandan Gopal (AW3) and Gurcharan Singh (AW5 ). The appellants produced C. H. Sachdev (RW2) Lalit Vashist (RW3), Khushal Chand bus conductor (RW14) and the bus driver Suresh Chander (RW5) as eye-witnesses.

( 6 ) RAM Parshad Shukla is employed in the Special Police, Delhi, and is resident of South Vinay Nagar. He came to the bus stop at about 9 30 a. m. While he was waiting for the bus, a friend of his came there and they decided to catch bus of route No. 19, and so they went across the road and started waiting for the bus. He noticed that some children had also crossed the road and come there. These included the injured and her brother. The injured was waiting just near the foot path when the bus came at a fast speed and hit Kumari Lalita with its front left mud-guard. Her feet were crushed and she was immediately sent to the nearby Safdarjang Hospital. He had noticed the bus from a distance of about half a furlong. He was positive that the injured had crossed the road and was waiting for the bus. According to him. The bus was full and the injured had signalled the bus to stop. He admitted that he was never examined by the police.

( 7 ) THE next witness is Madan Gopal (AW3) who is a student of Deshbandhu College. He was waiting for the bus when he noticed that few persons along with children had crossed the road and had come to the place where he was waiting for the bus. He corrorated AW 2 in other details. In cross-examination he stated that the accident took place about 5 to 6 paces from the bus stop. The bus in question belonged to route No. 24 and was full. He had heard the double bell given by the bus conductor which meant that the bus was not required to stop. It actually stopped after the accident. He left after the accident in another bus for his college. He was not examined by the police.

( 8 ) THE third eye witness is Gurcharan Singh (AW5) and is aged 14 years. He