LAWS(SC)-2024-11-107

ANJU Vs. UNITED INDIA INSURANCE CO

Decided On November 05, 2024
ANJU Appellant
V/S
UNITED INDIA INSURANCE CO Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been filed by the claimant who was 3 years old at the time of the accident, which took place on 28/9/2002. She met with several injuries, including head injury, due to which paraplegia was reported. The Motor Accidents Claims Tribunal, Thalassery awarded compensation of Rs.8,01,700.00 with interest @ 7.5%. On filing of appeal, the compensation was enhanced by the High Court to Rs.26,28,000.00 with interest @ 9% p.a. Being dissatisfied with the amount of compensation awarded, the present appeal has been filed.

(3.) Having considered the submissions made by learned counsel for the parties and on perusal of the disability certificate, it is clear that at the time of the accident, which took place on 28/9/2002, the claimant was only 3 years old. She suffered with traumatic paraplegia due to transection of spinal cord T-3 and the disability as indicated was 100%. At present, she has passed out B. Com and cannot move without wheelchair and assistance of an attendant.