T.R. RAMACHANDRAN NAIR, J
The appellants, mother and child, are before this Court aggrieved by the quantum of compensation granted by the Tribunal. The 2nd appellant, who was aged only 8 years at the time of the accident, was injured while he was walking along with the 1st appellant in the Kottarakkara College Junction road, a car bearing registration No.Kl-16/3806 knocked down the child. He was taken to the Vijaya hospital, Kottarakkara and from there, he was referred to Medical College Hospital, Thiruvananthapuram.
2. It is submitted that he lost the sight of his right eye.
Pursuant to the order passed by this Court, the Medical Board of the Medical College Hospital, Thiruvananthapuram, examined the child and on going by the certificate the disability is 30%.
3. We find from the order passed by the Tribunal that the Tribunal has granted a lump sum award towards permanent disability at Rs.50,000/-. The view taken is that no loss of vision has occasioned to the child. Apart from the said amount, Rs.2000/- has been awarded towards transport to hospital, M.A.C.A. No.1367 of 2012 2 Rs.500/- towards extra nourishment and Rs.10,000/- towards pain and sufferings. As far as the child victims are concerned, the assessment of quantum can only be speculative since they are not earning members. Here, the age of the child was 8 years. We find that the Apex Court in Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited and Anr. [2013 (3) KLJ 815] has fixed guidelines for calculating compensation for permanent disability sustained by a child. In paragraph 12, their Lordship have laid down the principle as follows :
“ 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.”
4. In the light of the above, it can be seen that if disability is between 10% upto 30%, Rs.3,00,000/- can be granted which will include the claims under all heads in addition to the actual expenditure for treatment and attendant expenses etc. Therefore, the disability being upto 30% and by including all other heads like pain and suffering, we will be justified in granting Rs.3,00,000/- (Rupees three lakhs only ) to M.A.C.A. No.1367 of 2012 3 the appellants.
5. Apart from the same, the appellants are also entitled for Rs.2,600/- towards medical expenditure as per Ext.A8 series, Rs.2,000/- towards transport to hospital and Rs.500/- towards extra nourishment. We also grant an amount Rs.5,000/- towards attendant's expenses. Accordingly, the total compensation comes to Rs.3,10,100/- (Rupees three lakhs ten thousand and one hundred only) which will carry interest at the rate of 9% per annum from the date of petition. The appeal is allowed to the above extent. There will be a direction to the Insurance Company to deposit the amount along with interest, less the amount already paid to the claimant, within a period of three months from the date of receipt of a copy of this judgment. No cost.
Sd/-
T.R. RAMACHANDRAN NAIR JUDGE Sd/-
P.V. ASHA JUDGE NS