MASTER AYUSH Vs. BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD

JUDGEMENT

(1.) The present appeal has been preferred by a 5 years old victim of road accident which occurred on 21/9/2010, challenging the order of the High Court dtd. 7/9/2020 awarding a compensation of Rs.13,46,805.00, as against Rs.18,24,000.00 awarded by the learned Motor Accident Claims Tribunal (For short, the Tribunal).

(2.) The grievance is with respect to the inadequate amount of compensation on account of the injuries suffered by the appellant. The appellant is a paraplegic patient. The appellant has examined Dr. Amithish Narayana as PW-2 and Dr. S. Adanthya as PW-3. Dr. Adanthya is a medical specialist from National Institute of Mental Health and Neurosciences, Bangalore. The discharge summary issued by the hospital is Exh. P/10. As per the discharge certificate, the appellant is not able to move both his legs and had complete sensory loss in the legs, urinary incontinence, bowel constipation and bed sore. The appellant was aged about 5 years as on the date of the accident, hence has lost his childhood and is dependent on others for his routine work. PW-2 Dr. Amithish Narayana has issued disability certificate Exh.P/12. He is the Head of the Department at the Kasturba Medical College Hospital, Mangalore. The said certificate reads as thus:

(3.) The High Court and the Tribunal assessed the compensation under different heads as produced below: <IMG>JUDGEMENT_90_LAWS(SC)3_2022_1.jpg</IMG>