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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice S.Sounthar, J
National Insurance Company Limited – Appellant
Versus
Minor Keerthika (Rep. by her next friend and father Govindan) – Respondent
JUDGMENT :
S.Sounthar, J.
Questioning the quantum of compensation awarded by the Motor Accident Claims Tribunal Court of Special District Judge), Dharmapuri in MCOP.No.789 of 2015, dated 13.09.2019, the appellant/Insurance Company has come by way of this Civil Miscellaneous Appeal.
2. It is not in dispute that the injured minor Keerthika who is a 10th standard school going child aged about 14 years suffered a fracture of left humorous bone and multiple injuries all over the body in a road accident that had occurred on 14.07.2015. The claimant filed a petition seeking compensation of Rs.10,00,000/-. The tribunal granted the compensation of Rs.5,54,500/-. Aggrieved by the quantum of compensation fixed by the Tribunal the insurer of offending vehicle has filed this appeal.
3. Both the learned counsel appearing for the appellant as well as learned counsel appearing for respondents have not advanced any arguments on the questions of negligence and liability. Therefore, facts necessary for deciding those questions are not discussed in this judgment.
4. Heard the learned counsel for appellant/Insurance Company and the learned counsel for the first respondent. Perused the papers.
5. The learned
Compensation for minors must avoid double counting for pain and suffering when disability compensation is awarded, ensuring fair assessment based on the nature of injuries.
In cases involving minors and disability due to accidents, courts must adhere to established compensation thresholds reflecting the severity of injury.
Compensation for minors in motor vehicle accidents should adhere to established Supreme Court guidelines, factoring in disability and inconvenience experienced by parents, thereby enhancing tribunal-....
Section 168 of the Motor Vehicles Act, 1988 deals with the concept of ‘just compensation’ and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptabl....
The competency of a minor witness to give evidence and the determination of compensation for permanent disability, future loss of income, pain and suffering, and non-pecuniary damages are crucial leg....
Compensation awarded under the Motor Vehicles Act must account for injuries and disabilities, especially for minors, ensuring fairness based on precedents.
Legal principle underscores that compensation should be just and reflective of a claimant's lifelong deprivation from injuries, factoring both physical and emotional impacts.
The assessment of compensation must reflect the unique circumstances of child victims and consider all factors including pain, suffering, and future medical needs.
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