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P.D.DESAI
HIMACHAL ROAD TRANSPORT CORPN. , SHIMLA – Appellant
Versus
MISS NEENA – Respondent


Advocates Appeared:
For the Appellant : Deepak Gupta

JUDGMENT :

P.D. Desai, J.

1. The finding of the Tribunal on the issue of negligence is incapable of being assailed. On appreciation of the evidence, the Tribunal has rightly attributed negligence to the driver of the Bus owned by the appellant.

2. On the quantum of damages, no interference is called for, since the Tribunal's award in the total sum of Rs. 40,000/- does not appear to be beyond the brackets on the facts and in the circumstances of the case, even assuming that the quantification thereof under different heads may not be strictly accurate. The relevant evidence has been elaborately discussed in paras 9 and 10 of the judgment. The victim of the accident was a young girl, aged about 17. She lost all the four incisors of the upper jaw. The lower left ceatral incisor was also broken. The midicat evidence is clear on the point that there is disfigurement of the face on account of change of appearance. The medical evidence further is to the effect that even artificial teeth or denture would not restore the normal appearance of the face. In such cases, there cannot be any algebric or mathematical formula for the award of compensation. Compensation in whatever sum awarded would not

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