Mitali Palnitkar
Published on: March 16, 2022 at 19:52 IST
The Allahabad High Court enhanced the Compensation granted to a Minor by the Motor Accident Claims Tribunal, who Lost One Kidney and suffered Liver Damage after being hit by a Motorcycle.
The Bench noted that the Appellant (Injured) was admitted for a week in the Hospital. Thereafter, he was under Constant Treatment and it is said that he would need Treatment in the future as well.
It further noted that the Tribunal granted a ‘Meager Amount’ of Rs. 55,633 as Compensation. The Victim who was 16-years-old when the Accident took place suffered 30% Disability of the body. The Court stated, “The learned Tribunal has taken a hyper technical view in the matter.”
Justice Ajai Tyagi stated, “The learned Tribunal has not taken sympathetic view which is required by Tribunal in such matters when the child has suffered such a great loss of body part.”
He added that the Tribunal overlooked the Theories of Just Compensation while Adjudicating the matter only because Disability/Injury Report was not filed.
The Accident took place in July 2006 due to the Rash and Negligent driving of the Motorcycle Driver, which injured the Appellant while he was going on his roadside on his Moped. The Tribunal had considered the Contributory Negligence of the Child to be 10%.
The Appellant challenged the Quantum of Compensation awarded by the Tribunal. The Counsel for Respondent argued that the Major Medical Expenses suffered were covered by Government Expenses.
The Court relied on Bajaj Allianz General Insurance Co Ltd Vs. Smt Renu Singh and Others and said that it would Apply to the Facts of the Case as the Appellant did not have a License to drive Moped when the Accident occurred.
The Court decided to Compute the Compensation payable to the Appellant in accordance with Kajal Vs. Jagdish Chand & Others, wherein the Court had enhanced the Compensation of a young girl who became 100% Disabled after an Accident.
Thus, the Court computed Total Loss of Income at Rs. 2,72,160; Pain and Sufferings at Rs. 1,00,000; and Compensation for Non-Pecuniary Damages at Rs. 70,000. Therefore, the Total Compensation amounted to Rs. 4,42,160.
Also Read: Gauhati HC: Borrower of Insured Vehicle not entitled to Compensation in Motor Accident Cases
