JUDGMENT

“Not all scars show, not all wounds heal, sometimes you can’t always see the pain someone else feels” ― Anonymous.

Is the compensation awarded to Dilna, excessive or just, is the question poised in this appeal and cross objection.

2. The observation in Kajal v. Jagdish Chand [(2020) 4 SCC 413] by the Honourable Supreme Court on the point is worth citing:

“3. How does one assess compensation in such a case? No amount of money can compensate this child for the injuries suffered by her. She can never be put back in the same position. However, compensation has to be determined in terms of the provisions of Motor Vehicles Act, 1988 (for short the Act). The Act requires determination of payment of just compensation and it is the duty of the court to ensure that she is paid compensation which is just.”

3. Destiny or fate, whatever you may call it, couldn’t be more tragic than this to Dilna. Little did she foresee the misery coming her way? While travelling in a bus from Azhikode to Puthiyatheru, on 14.01.2006, due to the negligence of its driver, the bus hit a wall and capsized. Dilna suffered multiple injuries and is now paralytic from her chest downwards.

4. Dilna through her next