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2012 Supreme(Mad) 2425
High Court of Judicature at Madras
P. DEVADASS
Minor Viji @ Vijayalakshmi Rep. by her Guardian Father Desikan @ Deivasigamani Versus
S.M. Jose & Another
C.M.A. NO. 3392 OF 2005
Decided on: 14-06-2012
For the Appellant:R. Muralidharan, Advocate.
For the Respondents: R2 – S. Ramalingam, R1 – Exparte.
The court emphasized the long-term impact of the injury on the minor's life and future prospects in determining the adequacy of the compensation amount.
Headnote:
Compensation - Personal Injury - The court modified the compensation amount for a minor who sustained a severe injury in a road accident, considering the long-term impact on her life and future prospects.
Fact of the Case:
A three-year-old minor sustained complete amputation below her left forearm in a road accident. The Tribunal initially awarded her Rs.2,50,000 as compensation.
Finding of the Court:
The court found that the initial compensation amount was inadequate, considering the long-term impact on the minor's life and future prospects. The court modified the award to Rs.3,00,000 with additional provisions for interest and deposit conditions.
Issues: The main issue was the adequacy of the compensation amount for the severe injury sustained by the minor in the road accident.
Ratio Decidendi: The court considered the long-term impact on the minor's life, including loss of enjoyment, marriage prospects, and difficulties in enjoying her full life, and modified the compensation amount accordingly.
Final Decision: The court allowed the appeal in part and modified the award amount to Rs.3,00,000 with interest and deposit conditions, to be paid by the Insurance Company within a specified timeline.
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.
