SUMISHA Vs. SHAJI

JUDGEMENT

(1.) Kumari Sumisha, a minor girl aged 7, who suffered 70% neurological disability and 70% orthopedic disability, whose four limbs are function-less because of the injuries sustained in a motor vehicle accident that occurred on 30/7/2006 and who has been admitted in an orphanage as she lost her parents in the meantime, is before this Court in appeal, being dissatisfied with the quantum of compensation awarded by the Tribunal.

(2.) On 30/7/2006 at about 10.00 a.m., while the child was going through the western side of Kuttanellur-paliakkara NH bypass, a car bearing registration No.KL07/BC-5811 driven by the 2nd respondent in a most rash and negligent manner and in high speed, hit her down and as a result of which she sustained severe head injury. The child was rushed to the Jubilee Mission hospital, Thrissur and was treated as inpatient for a total period of 77 days. The 1st respondent is the owner and 3rd respondent is the insurer of the offending motor vehicle.

(3.) The 3rd respondent insurer filed a written statement admitting the accident and valid insurance policy. However, it was contended that the vehicle did not have valid permit and fitness certificate. It was also contended that the accident occurred due to the negligence of the petitioner.