MINOR DIYA VIPULBHAI SHYARA Vs. IMRANBHAI IKBALBHAI PAREKH

JUDGEMENT

(1.) Challenge is given to the judgment and award dtd. 23/5/2022 passed by the MACT (Aux), Gondal, Rajkot in MACP no.07/18 filed by the minor through the mother stating that the minor sustained 12% physical disability and the learned Tribunal was required to follow the judgment in the case of Master Mallikarjun Vs. Divisional Manager, The National Insurance Company Limited & Anr., reported in AIR 2014 SC 736, which lays down the slabs for the compensation to the disability sustained by the child who is a non-earning member.

(2.) While learned advocate Mr. R.P. Raval for the respondent no.3-insurance Company states that the learned Tribunal has considered the disability factor and notional income was assessed at Rs.3,000.00 per month for the child and under various heads, the compensation has been granted, which the Advocate states is just and reasonable.

(3.) The case of the applicant is that on 2/11/2017 at about 5.30 p.m, the minor, after stepping out of a bus at the bus stand, was crossing the road to go to her village, at that time, the driver of bus bearing registration no.GJ-14 V-9592 came driving the vehicle in rash and negligent manner at an excessive speed and dashed with the minor from the back side. Thus, she sustained grievous fracture injuries. She was taken to Krishna Multi Specialist Hospital, Gondal for medical treatment.