The court established that compensation for minors suffering permanent disability must consider established guidelines for appropriate quantification of damages.

JUDGMENT

Appellant who is the claimant in OP(MV) No.1475/2014 of Motor Accident Claims Tribunal, Kozhikode [hereinafter referred to as ‘the Tribunal’] has filed this appeal seeking enhancement of compensation awarded by the Tribunal.

2. On 02.04.2014 at about 11.05 a.m while the claimant was walking through the side of the road he was knocked down by a motorcycle bearing KL-11-X-7602 ridden by the 2^nd respondent. Accident occurred due to the rash and negligent riding of the motorcycle by R2. R1 is the RC owner of the offending motorcycle.

3. By the impugned award, a sum of ₹1,25,560/- with 9%

interest from the date of petition was awarded by the Tribunal. Dissatisfied with the quantum of compensation, appellant/claimant has come in appeal contending that the award of the Tribunal is inadequate; that it is not a just compensation as mandated by law.

4. Both sides heard. Records perused.

5. It is an undisputed fact that the accident occurred due to the rash and negligent riding of the motorcycle by R2.

6. According to the claimant, who was a minor, aged 8 years at the time of accident, he sustained serious injuries in the accident and suffered 15% permanent disability on account of the injuries sustained.

7. Ext.C1 is the disability certificate, which would show that the disability assessed was 15%.

8. In paragraph 12 of Mallikarjun v. Divisional Manager, National Insurance Company Limited and Another [2014 (14) SCC

396] the Hon'ble Apex Court held as follows:

“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.”

9. Now let us see whether the claimant is entitled to enhanced compensation.

10. In the case on hand, the disability assessed was 15%

and therefore, the minor is entitled to get compensation of ₹3,00,000/- in addition to the actual expenditure for treatment, transport to hospital, bystander expenses and future treatment.

11. It is in evidence that claimant sustained 15% of permanent disability. Having regard to the injuries sustained, an amount of ₹25,000/- is awarded under the head future treatment instead of ₹11,650/- .

12. Compensation awarded by the Tribunal under all other heads needs no enhancement.

13. In the result M.A.C.A stands allowed. No costs. The compensation payable to the appellant/claimant is as indicated in the tabular statement here below:

The amount enhanced is ₹2,20,850/- (₹3,46,410-1,25,560).

14. Respondents are jointly severally liable to pay the award amount as enhanced by this Court with interest at 7% per annum from the date of petition till the date of deposit.

15. R3 insurance company shall deposit the award amount within a period of two months from the date of receipt of a copy of this judgment, after deducting the deposit if any already made. Since there was a delay of 27 days in filing the appeal, the appellant/claimant will not be entitled to interest on the enhanced amount for the period of 27 days.

16. The appellant shall produce the details of the bank account before the Motor Accident Claims Tribunal