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IN THE HIGH COURT AT CALCUTTA
Debi Prosad Dey, J
the claimant – Appellant
Versus
the insurer – Respondent
| Table of Content |
|---|
| 1. claim for compensation involves assessing the impact of injuries. (Para 1 , 4 , 10 , 11) |
| 2. insurer's defense did not substantiate due diligence. (Para 14 , 15 , 16) |
| 3. judicial considerations for child victims differ from adults. (Para 18 , 20 , 21 , 23) |
| 4. a systematic approach to compensation is essential for minors. (Para 25 , 27 , 29 , 32) |
| 5. final compensation should encompass all aspects of disability. (Para 36 , 37 , 39) |
1. The Motor Accidents Claims Tribunal, Nadia was approached by the minor claimant (hereafter 'the claimant'), represented by his father, with a claim application under S.166 of the Motor Vehicles Act, 1988 (hereafter 'the Act'). It was registered as MAC Case No. 391 of 2011. The pleadings therein reveal that consequent to the claimant (aged about 2 years 3 months) being dashed on 28.8.2011 by a truck bearing registration No. WB 53 - A 1304 (hereafter 'the said truck' ), which was being driven rashly and negligently, he sustained severe injury on his right leg and ultimately, to his utter misfortune, had to suffer an amputation at such a tender age. Compensation in a sum of Rs. 15,00,000 was claimed. By its award dated 27.8.2014, the Tribunal
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