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-awarded compensation.

JUDGMENT :

S.Sounthar, J.

Not satisfied quantum of compensation awarded by the Tribunal, the claimant has come before this court by filing the present appeal.

2. According to the claimant, he suffered injury in a road accident that had occurred on 08.12.2016. It is the case of the claimant ( minor), aged about 7 years that he was walking along the road in Kundrathur Natham Village in front of his house and at that point of time, a two wheeler belonging to the first respondent and insured with the second respondent was driven by its driver in a rash and negligent manner and dashed against the injured claimant. As a result of accident, he sustated fracture injury in his left leg and also sustained injuries all over the body. Therefore, the claimant filed a claim petition seeking compensation of Rs.6,00,000/-.

3. The first respondent, remained exparte before the Tribunal. The second respondent filed counter, however, thereafter, remained exparte.

4. It is seen from the counter filed by the second respondent, insurer of the offending vehicle that the claim petition was opposed on the ground that the accident had occurred only due to the negligence on the part of the injured minor claimant.

5. The Tribunal, based on the evidence available on record, came to the conclusion that the accident had occurred only due to the negligence on the part of the driver of the two wheeler belonging to the first respondent and insured with the 2nd respondent. The compensation payable to the claimant was quantified by the Tribunal at Rs.1,94,651/-. Not satisfied with the quantum of compensation, the claimant has come before this court by filing the present appeal.

6. Both the counsel for the appellant and the 2nd respondent have not raised any arguments on the questions of negligence and liability and hence, the facts necessary to decide those issues are not considered in this appeal.

7. The learned counsel for the appellant would submit that as per the law laid down by the Apex Court in Master Mallikarjun Vs. Divisional Manager, National Insurance Co. Ltd., and another reported in 2013(2) TN MAC 338 (SC)., a sum of Rs.1,00,000/- shall be awarded to the minor claimant towards disability of 5% suffered by him, however, the same has not been considered by the Tribunal in proper perspective. He further submits that the Tribunal should have awarded some amount under the head inconvenience caused to the parents of the minor claimant.

8. The learned counsel for the second respondent would submit that having regard to the nature of injury suffered by the claimant and the facts and circumstance of the case, the compensation awarded by the Tribunal is fair and reasonable and hence, it requires no interference by this court.

9. The Apex Court in Mallikarjun Case, cited supra, held that in case of disability suffered by the minor children, Rs.1,00,000/- can be granted as compensation, if the permanent disability is upto 10%. The relevant observation is extracted as follows.

"12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts,we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc.,should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 Lakhs; upto 60%, Rs.4 Lakhs; upto 90%, Rs.5 Lakhs and above 90%, it should be Rs.6 Lakhs. For permanent disability upto 10%, it should be Rs.1 Lakh, unless there are exceptional circumstances to take different yardstick. In