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2013 Supreme(SC) 1234

GYAN SUDHA MISRA, KURIAN JOSEPH
Master Mallikarjun – Appellant
Versus
Divisional Manager, The National Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant: V.N. Raghupathy
For the Respondents: S.L. Gupta, Ram Ashray, Shyam Sunder Gupta, Shalu Sharma, Rajesh Mahale, Krutin R. Joshi

JUDGMENT :

Kurian Joseph, J.

1. Leave granted.

2. What is the just and fair compensation to be awarded to a child, who suffered disability in a motor accident, is the main point arising for consideration in this case.

THE UNDISPUTED FACTS

3. Appellant at the age of 12 years was hit by a motorcycle on 05.06.2006. He suffered the following injuries:

a. (Right) lower 1/3 leg deformity, movements restricted diagnosis of fracture.

b. Two abrasions over left elbow posteriorly over olecrenon both measuring 4x1 cms.

c. Abrasion over dorsal aspect right hand at the basis of index finger.

4. Negligence of the rider was proved. The child was treated as inpatient from 05.06.2006 to 01.08.2006, for 58 days. He was operated on 24.06.2006. Six months after the discharge, he was seen by the doctor on 15.02.2007 for follow up. It is in evidence that the patient had the following discomforts/disabilities, i.e.:

i. Patient walks with limp on to the right side.

ii. Puckered scar on and aspect of middle 1/3 of (Right) leg with operated scar on either side.

iii. Shortening of right lower limb by 1.5 cms.

iv. L












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