Judgment:
G.M. Lodha, J.
1. In this appeal Kumari Bindu was injured in an accident by a car. Claim for compensation of Rs. 1,80,000/- was filed. But the Tribunal allowed compensation only to the extent of 20,000/-.
2. It may be noticed that the injuries caused to Kumari Bindu are of serious nature and according to the medical evidence the plastic surgery of her leg will have to be repeated by grafting and re-grafting three or four times.
3. Dr. Keswani was consulted. Three doctors were examined including Dr. B.S. Chandalia of S.M.S. Jaipur, A.W. 2. According to Dr. Chandalia she remained in treatment from 7-8-81 to 24-10-1981. There was fracture of Febula 1 x 1 and 1-1/2 was the woon. She was referred for skin grafting. The skin efficiency has been reduced from 50 percent to 60 percent according to this doctor. According to him operation will have to be performed even now because complete cure has not taken place. Dr. Chandra Shekhar AW 3 was also examined and he also examined the patient. He signed Ex. 2 the ticket from A to B. According to him there was a compound fracture with skin loss. Skin grafting was to be done and so she was referred. There was one operation on 12-8-1981. Normal strength cannot return and weakness will continue. She would never be able to work as an activist. There would be limping also because of pain in the skin. Dr. VI. Maneet was also examined. He also examined the patient Bindu. He also verified that there was a fracture of the leg.
4. It would thus be seen that the injuries which have been caused to the girl are serious. The grafting over leg about 9 x 2 and half has become adeherent. Two or more operations will have to be performed.
5. In such circumstances I am of the opinion that the Tribunal should have awarded Rs. 15,000/- which the claimant claimed for grafting in future. In fact this is moderate amount.
6. The Tribunal should have further allowed compensation to the full extent for great mental agony and pain. A small girl of 10 years have not only undergone severe pain and agony but would further continue to have it on account of successive operations of grafting. The amount awarded is Rs. 10,000/-1 would increase it to Rs. 25,000/-.
7. The Tribunal has awarded an amount of Rs. 5000/-only for the loss which would be caused to the girl in her future prospects. For a girl to have such permanent handicap is a serious think. She would not be suffering in her profession, vocation and domestic life but even for getting a life partner she would be handicapped. Further, a female having a limping leg if it happens on account of the loss of strength is looked down by the society, in such a case permitting only Rs. 5,000/- for future loss is adding insult to injury. I would allow Rs. 25,000/- more under this caption and head. Thus, the total amount which would now be given to the claimant would be 70,000/-. Accordingly the appeal is accepted. The amount is increased to Rs. 70,000/-. The girl Bindu appellant would get interest at the rate of 12 per cent from the date of application till the date of realisation, and if any amount is paid in between then the interest would cease to be charged from that date for that particular amount. The parties would bear their own costs so far as this Court is concerned.