Accident – Income of minor child – Disability @50% – Income assessed as Rs.2500/- p.m.

Mr. Surinder Gupta, J. - This is appeal by claimat Deepika (minor) through her father (Mahesh Chand Sharma) against the award dated 03.08.1995 passed by Motor Accident Claims Tribunal, Ropar (later referred to as ‘the tribunal’).

2. The facts relating to the accident as incorporated in para 24 of the claim petition are reproduced as follows:-

“That on dated 29.08.1992 at 1.00 pm, Shri Mahesh Chander Sharma was driving his scooter No.CHH-8468 and was going to his residence at Panchkula, his wife was sitting on the pillion seat of the scooter and the petitioner (minor daughter) was sitting in the lap of her mother. He was on the road of Chandigarh-Ambala Road and when he reached a tea-stall near Petrol pump of Zirakpur, the scooterist was on the left side of the road and the speed of the scooter was very slow then a truck came from the Chandigarh side and hit the scooter of Mahesh Chander Sharma. The speed of the truck was very fast and its R.C. number was CH-01-F-6845, with the impact the scooterist along with his wife and the petitioner (minor child/daughter) fell down on the road and sustained various injuries on her/his body. The mother of the petitioner died on the spot and the father (Mahesh Chander) along with the minor daughter, petitioner were removed to Civil Hospital. The petitioner’s right foot below knee (was) amputated by the doctors attended (attending) on her. The accident has been (had) taken place because of the rash and negligent driving of Shri Harjit Singh, Respondent No.1.”

3. As the finding of the tribunal that accident was caused due to rash and negligent driving of the truck No.CH-01-F-6845, has attained finality and the only plea raised in this appeal is regarding quantum of compensation, detailed facts of the case are being skipped for the sake of brevity.

4. It is admitted fact that right leg of the claimants, who was about 4 years of age at the time of accident, was amputated, rendering her crippled for whole of her life. The tribunal has taken note of the fact that amputation of right leg below knee has badly affected the future career and matrimonial prospects of the claimant. The observations of the tribunal to this effect in para 16 of the award are as follows:-

“I hold that with the amputation of the right leg below knee of Deepika Sharma, her future carrier (sic career) including matrimonial chances have become bleak. She has to suffer from pain and depression in her future life. She has to replace her artificial limb once in two years. She has suffered permanent disability to the extent of 50 to 55%. The family back-ground of the father of Deepika has also to be kept into view. He is simply a mechanic. Keeping in view the nature of the injury, permanent disability, future sufferings both in pain and carrier (career) and her family background, I allow her a sum of Rs.1,50,000/-.”

5. Learned counsel for the appellant-claimant has argued that claimant Deepika was 4 years of age and the amputation of her right leg and injury on the other leg have made her crippled for whole of her life. This has not only resulted in monetary loss to her but has also made her whole of the life miserable. Even if, she goes for an artificial limb, she will have to get it replaced after a duration of 2/3 years. The medical treatment will go throughout her life and the tribunal while awarding lump sum compensation of Rs.1,50,000/- has not looked into this aspect.

6. Learned counsel for the respondent-insurance company has argued that the accident took place in the year 1992 and keeping in view the price index at the relevant time, the compensation allowed by the tribunal is quite reasonable and adequate.

7. In order to prove the disability and amputation of her leg, the claimant examined Dr. B. Murti, Senior Resident, Department of Plastic Surgery PGI, Chandigarh as PW3, who has stated ab