JUDGMENT

Dated this the 9th day of March, 2021 The petitioners in O.P.(MV).No.1656 of 2004 on the file of the Motor Accidents Claims Tribunal, Mavelikkara are the appellants herein. The claim petition was filed by them seeking compensation for the injuries sustained to the 1st appellant, who was a minor aged 4 years, in a motor accident occurred on 14.10.2003. The accident occurred while the scooter on which the 1st appellant was pillion riding, was hit by a goods autorikshaw, insured with the 4th respondent herein. The total compensation claimed by them is Rs.69,000/-, which was limited to Rs.60,000/-.

2. The insurance company appeared and filed a written statement, admitting the coverage of policy; but disputed the liability on various grounds. The quantum of compensation was also seriously disputed.

3. The aforesaid case was tried along with O.P.

(MV).No.1655 of 2004, which was filed by the father of the 1st appellant herein, seeking compensation for the injuries sustained to him in the very same accident. The evidence in this case consists of oral evidence of PW1 and documentary evidence of Ext.A1 to A18. No evidence was adduced from the side of the respondents. After the trial, the Tribunal was pleased to pass an award allowing compensation of Rs.1,73,500/-. Since it was found that the accident occurred due to the negligence of the goods autorikshaw, being the insurer of the said vehicle, the 4th respondent was directed to deposit the said amount along with interest at the rate of 7.5% interest per annum from the date of petition till realization.

4. Being dissatisfied with the quantum of compensation as above, this appeal is filed.

5. Heard the learned counsel for the appellant and also the learned counsel for the 4th respondent.

6. The learned counsel for the appellant relied upon the judgment rendered by the Hon’ble Supreme Court in Master Mallikarjun v. Divisional Manager, National Insurance Co.Ltd. & Anr. [(2014) 4 SCC 396], wherein certain guidelines have been issued by the Hon’ble Supreme Court in the matter of computation of compensation to the children who sustained physical disabilities due to the injuries sustained in a motor accident. In paragraph No.12 of the judgment, it is mentioned 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 Re.1 lakh, unless there are exceptional circumstances to take different yardstick. In the instant case, the disability is to the tune of 18%. Appellant had a longer period of hospitalization for about two months causing also inconvenience and loss of earning to the parents. The appellant, hence, would be entitled to get the compensation as follows: -

7. In this case it is evident from the records that the percentage of disability suffered by