RINA RANI MALLICK Vs. SUSIM KANTI MOHANTY

JUDGEMENT

(1.) This Special Leave Petition is filed against the order dtd. 21/8/2023 of the High Court of Orissa which enhanced the compensation granted to the minor child of the appellant for the injury suffered in a motor vehicle accident leading to amputation and permanent disability of the minor child.

(2.) The petitioner seeks further enhancement of the compensation. The motor accident occurred when the minor child along with her father and mother (appellant), was travelling in a bus which hit against a tractor. Though, composite negligence was found, respondent No.2 was directed to pay the entire compensation. Finding the case to be one of joint tortfeasors, it was held that the claimant could proceed jointly or severely against all of them or either of them. The insurer has not filed an appeal, and we are only concerned with the quantum.

(3.) The child was a four-year-old who suffered 55% disability as per the certificate produced as Annexure P2. The diagnosis was of locomotor disability due to disarticulation at ankle joint. The child had been subjected to below knee amputation of the right leg. The Tribunal awarded a total compensation of Rs.20,03,328.00 in the following manner:-