Asha, J. A four year old child was hit by a jeep while she was waiting for school jeep. She sustained very serious injuries as seen from Ext.A3 wound certificate which are the following:
1) Right parietal bone fractured
2) Temporo parietal bone fractured
3) Left pan fractured
4) Bilateral petorns bone fractured
5) DCE basal cistern bleed, lateral ventricle bleed, temporo parietal subdural haematoma
6) Tempora cortical bleed
7) CSF leak, bilateral earn lad coma,bilateral palsy She was immediately taken to AKG Hospital, Kozhikode and treated there as inpatient from 29.3.2007 to 4.4.2007.
2. The claim petition was filed seeking compensation to the tune of Rs.9,30,000/-. The injured had sustained several injuries and her disability was assessed at 15% whole body disability as per Ext.X1 certificate. The Tribunal awarded a total compensation of Rs.2,71,950/-.
3. This appeal is filed seeking enhancement of compensation on the ground that the disability compensation assessed is thoroughly inadequate. She also complains that the amount awarded under other heads are also inadequate.
4. We heard learned counsel appearing for the insurance company also.
5. The disability compensation has been assessed by the Tribunal reckoning the notional income at Rs.4,000/- and applying the multiplier of 15. The disability compensation was arrived at Rs.1,08,000/-. Going by the judgment of the Apex Court in Master Mallikarjun v. Divisional Manager, The National Insurance Company Ltd. and another (2013 (3) KLJ 815 - SC) a minor child who sustained injuries and incurred whole body disability of 10% - 30% is to be compensated by payment of Rs.3 lakhs. In this case the whole body disability has been assessed at 15% and therefore we award an amount of Rs.3 lakhs towards disability compensation. The Tribunal has awarded suitable amounts under other heads. Therefore, the appellant will be entitled to a sum of Rs.4,63,950/- towards compensation.
Therefore, with the above modification, the appeal is disposed of. The enhanced amount will carry interest at 9% per annum from the date of petition and the insurance company is directed to deposit the entire amount of compensation less the amount already deposited before the Tribunal, within a period of three months. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/