IN THE HIGH COURT OF DELHI
J.R. Midha, J.
Ritu Thr. Her Father & Others - Appellants
Vs.
Regional Manager Uttranchal State Road Transport Corpn. - Respondent
MAC. App. No. 672 of 2012
Decided On : 07-12-2012
The appellant, a 6-year-old girl, suffered grievous injuries in a road accident, resulting in 80% permanent disability. The Claims Tribunal awarded compensation of Rs. 15,13,000/-. The appellant challenged the award, seeking enhancement of compensation under various heads, including pain and suffering, loss of amenities of life, loss of matrimonial prospects, loss of earning capacity, future treatment, cost of wheelchairs, future attendant charges, conveyance, cost of special garments, physiotherapy, and interest.
Fact of the Case:
The appellant, a 6-year-old girl, suffered grievous injuries in a road accident, resulting in 80% permanent disability. The Claims Tribunal awarded compensation of Rs. 15,13,000/-.
Finding of the Court:
The court found that the appellant was entitled to compensation under various heads, including pain and suffering, loss of amenities of life, loss of matrimonial prospects, loss of earning capacity, future treatment, cost of wheelchairs, future attendant charges, conveyance, cost of special garments, physiotherapy, and interest.
Issues: The issues before the court were: 1. Whether the compensation awarded by the Claims Tribunal was adequate. 2. Whether the appellant was entitled to compensation under various heads, including pain and suffering, loss of amenities of life, loss of matrimonial prospects, loss of earning capacity, future treatment, cost of wheelchairs, future attendant charges, conveyance, cost of special garments, physiotherapy, and interest.
Ratio Decidendi: The court held that the compensation awarded by the Claims Tribunal was inadequate and that the appellant was entitled to compensation under various heads, including pain and suffering, loss of amenities of life, loss of matrimonial prospects, loss of earning capacity, future treatment, cost of wheelchairs, future attendant charges, conveyance, cost of special garments, physiotherapy, and interest. The court considered various factors in determining the quantum of compensation, including the nature and extent of the appellant's injuries, her age, her future prospects, and the multiplier method.
Final Decision: The court allowed the appeal and enhanced the compensation from Rs. 15,13,000/- to Rs. 41,19,928/- along with interest @9% per annum from the date of filing of the claim petition till realization.
J.R. Midha, J.
1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 15,13,000/- has been awarded to the appellant. The appellant seeks enhancement of the award amount. The accident dated 30th July, 1999 resulted in grievous injuries to the appellant. The appellant was six years old at the time of the accident. She was going with her parents from Delhi to Almora by bus. The bus stopped at Garam Pani bus stand and all the passengers including the appellant got down. The appellant was standing on the left side of the road when U.P. State Roadways bus bearing UP-02C 6824 came from behind and crushed the appellant under its left wheel. The appellant was dragged for a distance of about 10 feet. The right leg and a part of the left leg of the appellant were completely crushed under the wheel of the offending bus. The appellant also suffered multiple injuries to spinal cord at the level of 6th thoracic vertebra. The injuries suffered by the appellant and the treatment taken by her are summarized as under:-
(i) The appellant was initially taken to Civil Hospital, Ranikhet who referred her to S.S.J. Base Hospital, Haldwani where she was referred to Delhi. She was admitted in Ram Manohar Lohia Hospital where she remained till 4th October, 1999. She was treated for degloving injury of right leg with 90% skin loss and wounds in lower abdominal area (Ex. PW2/1).
(ii) The appellant was underwent skin grafting and plastic surgery (Ex. PW2/3). The appellant was also treated for bowel and bladder injuries (Ex. PW2/4 and Ex. PW2/5). The appellant was also taken to GMR Institute of Imaging and Research for T-2 Hyper-intensity in the dorsal cord from D-6 to D-8 level.
(iii) There was no movement in the limbs of the appellant for which she was taken to G.B. Pant Hospital and then to All India Institute of Medical Sciences on 4th October, 1999 and skin grafting was opined.
(iv) On 10th October, 1999, the appellant was admitted to Virmani Hospital, Mayur Vihar, Phase-II, Delhi where she underwent skin grafting. The appellant was discharged on 19th October, 1999 (Ex. PW1/2 and Ex. PW1/3). The appellant underwent further surgeries for skin grafting on 24th October, 1999 and 30th October, 1999 at New Life Hospital.
(v) On 6th December, 1999, the appellant took treatment for traumatic paraplegia with bed sore, degloving injury on left leg and incontinency with bladder and bowel (Ex. PW4/C-1 to C-3).
(vi) On 18th December, 1999, the appellant consulted Dr. L.K. Malhotra, Neurologist who observed that the appellant suffered complete sensory loss below T-4 level (Ex. PW1/6-8).
(vii) From 27th November, 1999 to 25th August, 2001, the appellant took treatment from G.B. Pant Hospital where she was given physiotherapy and occupational therapy along with treatment for post traumatic transverse mylopathy (Ex. PW5/A to Ex. PW5/D).
(viii) From 3rd October, 2001 to 27th December, 2001, the appellant took treatment from Hindu Rao Hospital where she again underwent physiotherapy exercise.
2. The injuries suffered by the appellant resulted in permanent disability. The appellant was examined by the Medical Board of Lok Nayak Hospital. Vide disability certificate dated 11th October, 2003 (Ex. PW6/1), the Medical Board certified the permanent disability of the appellant to be 80% due to Post Traumatic Mylopathy (level T-6) with complete paraplegia (power grade-0) with dense sensory loss and bladder and bowel involvement with B/L ankle and right knee contracture. The Board opined that the appellant would require lifelong nursing care.
3. The injuries suffered by the appellant and the treatment taken by her were proved by the father of the appellant who appeared in the witness box as PW-3. PW-3 proved the original bills/cash memos-Ex. PW3/1 to Ex. PW3/101. PW-3 incurred the expenditure of Rs. 70,000/- on the treatment of the appell
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