ATHIRA Vs. UNITED INDIA INSURANCE CO.LTD.

JUDGEMENT

(1.) "Whether the functional disability of a minor child, who has sustained intellectual disability in a road traffic accident, can be assessed at 100%?"

(2.) This appeal has been filed by the claimants in OP(MV) No.1121 of 2004 on the files of the Motor Accidents Claims Tribunal, Mavelikkara, claiming enhancement of compensation. The first respondent herein was the third respondent/insurer before the tribunal; and the additional second respondent herein was suo motu impleaded during the pendency of the appeal.

(3.) The case of the claimants was that on 26/1/2004, while the first claimant/injured was travelling in a car bearing Reg.No.KL-5-D-8856, a pickup van bearing Reg.No.TN-76-5884 driven by the first respondent in a rash and negligent manner, hit the car, whereby she sustained serious injuries. The first claimant, being the injured, and the second claimant, being the mother, guardian and next friend, have approached the tribunal claiming a total compensation of 2,90,000/-.