Minor Viji @ Vijayalakshmi Rep. by her Guardian Father Desikan @ Deivasigamani v. S. M. Jose
2012-06-14
P.DEVADASS
body2012
DigiLaw.ai
JUDGMENT 1. A minor, who sustained injury in a road accident, through her father, filed this appeal as against the quantum of compensation awarded by the Tribunal. 2. According to the learned counsel for the appellant, the injured, then a three years old child suffered complete amputation below her left forearm. Her future is lost. Chance of her marriage is bleak. However, the Tribunal granted her only Rs.2,50,000/-. 3. Learned counsel for the Insurance Company submitted that the Tribunal had taken into account all the relevant aspects and determined the compensation amount. 4. The accident had taken place on 23.02.2000. Then, the injured was a three years old female child. The injury sustained by her resulted in complete amputation below her left forearm. She was hospitalised and underwent surgical treatment. PW2-Dr.Ramalingam examined her, determined her disability at 85% and issued her Ex.P12-Disability Certificate. The Tribunal totally awarded her Rs.2,50,000/-. 5. The injured is a female child. She undergoes discomfiture throughout her life. There is loss of enjoyment of amenities of life because of amputation. Since she being a female child, there will be difficulty in getting her married when she is grown up. Further, she will face more difficulties throughout her life in not enjoying her full life. In the circumstances, Rs.2,50,000/- appears to be on the lower side. Rs.20,000/- is awarded for pain and suffering. Rs.5,000/- is awarded for diet and nutritious food expenses. Rs.20,000/- is awarded for loss of marriage prospects. Rs.5,000/- is awarded towards transportation charges. 6. The award amount is modified as follows:- 7. In the result, the appeal is allowed in part. The award amount is modified. Rs.3,00,000/- with interest @ 9% p.a., from the date of original petition till deposit is awarded. 2nd respondent/Insurance Company will deposit the entire compensation amount, less already deposited, within 4 weeks from the date of receipt of a copy of this judgment. The enhanced amount shall be deposited in a Nationalised Bank up to 18 years of her age. Till such time, the half-yearly interest due thereon shall be paid to her father/guardian. On attaining majority, furnishing proof, she is permitted to withdraw the entire compensation amount. No costs.