Compensation for children with permanent disability in motor vehicle accidents should be determined based on the percentage of disability; specifically, disability between 10% and 30% warrants a lumpsum amount of Rs. 3 lakhs.

Order

1. The instant appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988 (for short, “the Act of 1988”) seeking enhancement of the award dated 18.06.2011 passed by the Motor Accident Claims Tribunal, Bayana, Bharatpur (for short, “the Tribunal”) in MAC Case No.10/07 by which a compensation of Rs.46,997/- has been awarded to the claimant.

2. Learned counsel for the appellant submits that at the time of the accident, i.e., on 03.03.2004, the appellant was 8 years old and he has sustained a fracture in the humerus bone in a road accident. Counsel submits that the appellant sustained 15.6% permanent disability, therefore, looking to the injury and permanent disability suffered by the appellant, the aforementioned amount of compensation so awarded by the Tribunal is petty and inadequate, and the same requires suitable enhancement in light of the judgment passed by the Hon’ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, the National Insurance Company Limited & Anr. reported in (2014) 14 SCC 396

3. None has put in appearance on behalf of the respondents.

4. Heard and considered the submissions made at the Bar and perused the material available on record.

5. Perusal of the record indicates that the claim petition under Section 173 of the Act of 1988 was submitted by the claimant before the Tribunal stating therein that around 11:45 AM on 03.03.2004, the driver of the bus bearing No.RJ05 P 0538 drove the vehicle in a rash and negligent manner due to which the appellant has sustained injuries and fracture of humerus bone which has resulted in the appellant suffering from 15.6% permanent disability and this fact is clear from the Disability Certificate available on record.

6. Since the age of the appellant, at the time of the accident, was 8 years, therefore, considering this aspect of the matter, the Tribunal has awarded a lumpsum amount of Rs.46,997/- to the appellant under various heads.

7. The Hon’ble Apex Court in the case of Master Mallikarjun (supra) has dealt with the issue involved in the instant appeal, i.e., to award the accurate compensation in case of children suffering from permanent disability on account of motor vehicle accident.

8. It has been held by the Hon’ble Apex Court in the case of Master Mallikarjun (supra) in Para No.12, which reads as under:-

“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.”

9. Looking to the fact that the appellant has sustained 15.6% permanent disability of the whole body, which is above 10% and less than 30%, hence, he is entitled to get a lumpsum amount of compensation to the tune of Rs.3,00,000/-.

10. Considering the above facts and circumstances of the case, the appeal stands allowed. The respondents are directed to pay the enhanced amount of compensation to the appellant within a