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Kalavatiben Vs. Gujarat State Road Transport Corporation - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtGujarat High Court
Decided On
Judge
Reported in2(1985)ACC433
AppellantKalavatiben
RespondentGujarat State Road Transport Corporation
Cases ReferredBabu Mansa v. Ahmedabad Municipal Corporation
Excerpt:
- .....for the appellant, challenges the award on the ground that the compensation awarded under the head 'pain, shock and suffering' is grossly inadequate. the tribunal has awarded a sum of rs. 10,000/- under this head. we find from the evidence on record that the injured, aged about 33 years, had suffered an injury on the left thigh as a result whereof, she experienced difficulty in equating and sitting cross legged. there was. a fracture of the shaft of the left femur with a punctured wound and a fracture of superior public ramus. she was operated upon and nailing and plating with bone grafting had become necessary. there was shortening of the left limb by 3/4. as a result of the injury.so far as the left hip is concerned, there was terminal restriction of flexion with 20% reduction in.....
Judgment:

A.M. Ahmedi, J.

1.Mr. B.B. Shah, the learned advocate for the appellant, seeks leave to restrict the claims in appeal to Rs. 5,000/-. Leave granted. Memo of appeal to be amended accordingly.

2. Appeal is admitted. Printing and paper book dispensed with Mr. M.D. Pandya waives notice on behalf of Gujarat State Road Transport Corporation on behalf of Gujarat State Road Transport Corporation. By consent the appeal is heard today.

3. Mr. Shah, the learned advocate for the appellant, challenges the award on the ground that the compensation awarded under the head 'pain, shock and suffering' is grossly inadequate. The Tribunal has awarded a sum of Rs. 10,000/- under this head. We find from the evidence on record that the injured, aged about 33 years, had suffered an injury on the left thigh as a result whereof, she experienced difficulty in equating and sitting cross legged. There was. a fracture of the shaft of the left femur with a punctured wound and a fracture of superior public ramus. She was operated upon and nailing and plating with bone grafting had become necessary. There was shortening of the left limb by 3/4. As a result of the injury.So far as the left hip is concerned, there was terminal restriction of flexion with 20% reduction in the hip muscle power. So far as the left knee is concerned, that terminal flexion was restricted with reduced muscle power. She was required to take treatment for almost 1-1/2 years. Rs. 22,000/- were demanded for pain, shock and suffering but the Tribunal awarded Rs. 10,000/- only. We think the award of Rs. 10,000/- 'under this head is not adequate. Having regard to the decision of this Court in Babu Mansa v. Ahmedabad Municipal Corporation 1978 ACJ 485, it would be reasonable to award a sum of Rs. 15,000/- under that head. We modify the award to that extent.

4. No other submission was made. In view of the increase in the amount of compensation under the head of pain, shock and suffering, allowed by us, the award of the Tribunal will stand modified to the extent that the figure of compensation of Rs. 31,000/- will be substituted by the figure of Rs. 36,000/-in paragraph 19-A of the award and in paragraph 19-E of the award, instead of the figure of Rs. 25,000/- the figure of Rs. 30,000/- will stand substituted. The appeal is allowed as above. No order as to costs.


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