- (1.) This is an appeal under S.110-B of the Motor Vehicles Act, 1939, filed by the U. P. State Road Transport Corporation through its Deputy General Manager, Eastern Zone, Varanasi and through its Chairman, Lucknow.
(2.) Km. Sarita alias Usha, under the guardianship of her maternal grandfather Shiv Murat Mishra, filed a claim petition for Rs. 25,000/- against the U. P. State Road Transport Corporation, hereinafter referred to as the Corporation, through its Chairman and Deputy General Manager, Eastern Zone, on the ground that Km. Sarita the applicant was injured by the Roadways bus No. VTN 3237 as a result of which her right hand had to be amputated and the left hand was rendered useless and she had a major defect in her speach. It was alleged that the driver of the Roadways bus was rash and negligent which resulted in the accident. The Corporation contested the claim petition and urged that there was no rash and negligent act by the driver and the accident was due to the sudden appearance of the applicant on the road before the bus and the accident took place in spite of the very best efforts made by the driver of the bus. The injuries on the two hands were admitted but it was alleged that the speach of the applicant was not affected by the accident as she was a dumb girl even before the accident. The Corporation also took a plea that the amount awarded was excessive. A sum of Rs. 500/- was granted as ex gratia payment.
(3.) The Motor Accidents Claims Tribunal, Azamgarh held that the accident took place due to the rash and negligent act of the driver. The injuries of the girl, barely eight years old, were much too severe. Her right hand had to be amputated 8 inches below her shoulder and her left hand had been rendered useless for any work. Her speech was also affected but the Court recorded a finding that there was no good evidence to show that her inability to speak was as a result of the accident. The Tribunal assessing her situation of helplessness, though it fit to award a sum of Rs. 25,000/- as, compensation so that there would be sufficient, amount for her by way of interest and that she could be looked after for the rest of her life. The Tribunal also awarded interest at the rate of 6 per cent per annum from July 31, 1979 till the date of realisation.;