of injury suffered by the passenger of the bus, who was 22 years of age. By virtue of injuries, she is reported to have suffered a semiparaplegia. The disability is reported to have been permanent and the Doctor has assessed the disability to be 90%. The Tribunal has awarded a compensation of Rs.10,556/- towards medical expenses, Rs.8,000/- towards special diet, Rs.40,000/- for pain and suffering and Rs.60,000/- for permanent disability. To say the least, the compensation arrived at by the Tribunal is not merely grossly low but unscientific. She was a young married woman, who had not even a child. I would take the house-holder's value of service to be not less than Rs.3500/- in the manner indicated by the Hon'ble Supreme Court in Arun Kumar Aggarwal and another Vs. National Insurance Company in Civil Appeal No.5843 of 2010 decided on 22.07.2010 , which would work out to Rs.42,000/- as annual income. I would adopt a multiplier of 18 and arrive at Rs.7,56,000/- as the compensation. In view of the fact that the person has 90% disability, I will apply 90% on that and hold that the amount payable towards loss of earning capacity as Rs.6,80,400/-. For pain and suffering from Rs.40,000/-, I will increase it to Rs.1,00,000/-. The other heads of claim for special diet, medical expenses, I will retain the same. In all, the amount payable shall be Rs.15,84,000/-. The amount payable in excess of what has been determined by the Tribunal already as well as the amount already determined shall likewise be distributed as 50:50 against the insurer of the bus and the insurer of the truck with the right of recovery in the manner provided above.
