Compensation for special diet and domestic help in motor vehicle accident cases should be reasonable and proportionate to the victim's injuries and disability.

A. L. Bahri, J.

1. In this appeal, challenge is to the award of Motor Accidents Claims Tribunal, Kapurthala dated December 1, 1983 vide which a sum of Rs.1,00,000/- was allowed as compensation to Sukhdev Kaur along with the interest at the rate of 12 per cent per annum thereon from the date of the institution of the claim application, i. e. , October 19, 1982 till realisation. This appeal has been filed by National Insurance Co. Ltd. with whom the ill-fated jeep was insured and Rajesh Kumar, owner of the jeep. Award was also made in another claim application with which we are not concerned in this appeal.

2. Sukhdev Kaur and Mehnga Singh were sitting on a bench, Sukhdev Kaur holding her infant child. They were to board a bus from bus stand of village Rehana Jattan. Jeep No. PNW 5713 driven by Neel Kanth came at a rash speed from Hoshiarpur side and struck against the bench on which Mehnga Singh and Sukhdev Kaur were sitting. Mehnga Singh was run over by the jeep and Sukhdev Kaur suffered injuries. Ultimately her leg had to be amputated. After the impact, the jeep struck against the gate of the nearby school and stopped. Mehnga Singh died on reaching the hospital whereas Sukhdev Kaur was admitted. As already noticed above, Sukhdev Kaurs leg had to be amputated. She also received other injuries. Sukhdev Kaur claimed a sum of Rs.1,50,000/- as compensation for the injuries suffered. Legal representatives of Mehnga Singh filed a separate claim application. Both the cases were tried together and were contested. It was denied that Neel Kanth was driving the jeep. It was also denied that the jeep was being driven rashly and negligently. When the jeep was coming, a bus was noticed parked at the bus stand, Rehana Jattan, the driver of the jeep applied brakes which failed and the jeep struck against the pillar of the gate. The accident could not be avoided.

3. The following issues were framed: (1)Whether the accident took place due to rash and negligent driving by driver Neel Kanth? OPP (2) If issue No.1 is proved, to what amount the claimants are entitled and from whom and in what respect? OPP (3) Relief.

4. The Tribunal decided issue No.1 in favour of the claimants holding that the accident took place due to rash and negligent driving of the jeep by Neel Kanth. Under issue No.2, it was held that Sukhdev Kaur was entitled to compensation of Rs.1,00,000/-as under: (i) Towards medical treatment after the accident Rs.8,000/ (ii) Towards future medical treatment and diet Rs.24,000/ (iii) Towards loss of limb, pain and suffering, enjoyment of life etc. Rs.20,000/ (iv) Towards expenses for keeping a maid at the rate of Rs.200/- per month for 20 years Rs.48,000/-----------Total: Rs.1,00,000/

5. Although in the grounds of appeal, finding on the question of negligence was also disputed, however, during arguments it was not pressed. Finding of the Tribunal on issue No.1 is, therefore, affirmed.

6. With regard to issue No.2, learned counsel for the appellants has challenged two of the items on which compensation was allowed to Sukhdev Kaur. Other items are not being challenged. The contention is that the Tribunal was in error in allowing compensation on account of special diet at the rate of Rs.100/- per month for twenty years, more so when the doctor opined special diet was required for a few years and by a few years it could not be taken as twenty years. The second challenge is with regard to the grant of compensation at the rate of Rs.200/- per mensem for employing a maidservant for a period of twenty years. The contention again is that after Sukhdev Kaur is fully recovered, she would not need any help.

7. Aw 2, Dr. S. K. Malagar, medically examined Sukhdev Kaur on September 19, 1982 and found the following five injuries: Left knee (i) Avulsion of skin over anterior aspect of knee 3 1/2" X 2 1/2. (ii) Lacerated wound over head of left fibula IW X 1" with chip fracture of underlying bone. Right thigh/knee (iii) Big lacerated wound just a