Minor Kesavan rep. by next friend and Father Raman v. A. Sengodan
2012-07-18
P.DEVADASS
body2012
DigiLaw.ai
Judgment :- 1. On behalf of his son, who is injured in road accident, the father preferred this appeal as against the quantum of compensation awarded to his son. 2. On 24.05.2001, when the boy Kesavan was walking along the road, the 1st respondent's vehicle dashed against him. He was seriously wounded. In this connection, in M.C.O.P.No.223 of 2001, totally, the Tribunal awarded him Rs.45,000/-. 3. The learned counsel for the appellant would contend that the Tribunal has not taken into account the sufferings of the boy. It had granted lesser compensation. 4. The learned counsel for the Insurance Company would submit that on the evidence adduced, the Tribunal had granted him just compensation. 5. The injured in this case is a boy. At the time of accident, he was 7 years old. Then he was studying III std. He sustained grievous injury. Initially, he took treatment in a nearby Government Hospital. Thereafter, he was treated in NIMHANS in Bangalore. It is head injury. P.W.2, the Doctor examined him and determined his disability at 30%. The effect of his injury has restricted the boy's movement and evidence of P.Ws.1 and 2 is to the effect that the boy often gets head-ache. The pain and suffering of a young boy will be much more than an adult. 6. The Tribunal had awarded him only Rs.20,000/-towards disability. In the facts and circumstances, it is raised to Rs.45,000/-. The pain and sufferings of the boy is continuous. In the circumstances, Rs.16,000/-awarded for pain and sufferings is raised to Rs.25,000/-. Towards medical expenses Rs.5,000/-has been granted. It is seen that the boy has been treated in two hospitals. Even in Government Hospital everything is not free. Apart from free treatment, the patient has to spend a lot. Further, the boy has also taken treatment in NIMHANS Bangalore. In the circumstances, the said Rs.5,000/-is raised to Rs.7,500/-. The Tribunal has clubbed nutritious food expenses and transportation charges and awarded Rs.4,000/-. This is not correct. The two items must be considered separately. Towards nutritious food expenses we award him Rs.7,500/-. Lot of to and fro trips would have been made from Hosur to Bangalore. Hence, we award Rs.5,000/- towards transportation charges. The boy had sustained head injury. Very often he gets head-ache. So there is difficulty, in his enjoyment of life. So, for loss of amenities we award Rs.10,000/-. 7.The modified amount is as follows: 8.
Lot of to and fro trips would have been made from Hosur to Bangalore. Hence, we award Rs.5,000/- towards transportation charges. The boy had sustained head injury. Very often he gets head-ache. So there is difficulty, in his enjoyment of life. So, for loss of amenities we award Rs.10,000/-. 7.The modified amount is as follows: 8. In the result, the appeal is allowed in part. The compensation amount is enhanced from Rs.45,000/- to Rs.1,00,000/-(Rupees One Lakh Only) with 9% interest per annum from the date of claim petition till deposit. The Insurance Company shall deposit the enhanced compensation amount within four weeks from the date of receipt of a copy of this judgment. On such deposit, on proof of the minor attaining 18 years of his age, the claimant is permitted to withdraw the entire amount by filing necessary application. No costs.