MINOR BHUMIKABEN JAGDISHBHAI PARMAR Vs. RAMJIBHAI KARSHANBHAI MAKWANA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and award dtd. 30/3/2019 passed by Motor Accident Claims Tribunal (Aux), Petlad, in Motor Accident Claims Petition No.229 of 2018 on the ground that learned Tribunal has failed to grant appropriate compensation, considering the fact that claimant is a minor aged about 15 years, who has filed claim petition through natural guardian.

(2.) Mr.Bhalodi, learned advocate for the appellant submits that the Tribunal ought to have considered the case of Mallikarjun v. Divisional Manager, National Insurance Company Limited and Another , [(2014) 14 SCC 396], and should have followed yardstick laid down therein for minor victims.

(3.) While countering the same, Mr.Aditya Chaudhari for the insurance company submitted that 42% physical disability for the body as a whole was considered, as per the purshis at Exh38 filed by both the sides and, accordingly, learned Tribunal has considered annual income of Rs.24,000.00 and applied the multiplier and has granted the amount. He further stated that the amount under medical bills, special diet, transportation and attendance charges has been granted and learned Tribunal has also assessed the amount under the head of Pain, shock and suffering. Thus, Mr.Aditya Chaudhari submitted that the compensation granted by the Tribunal is just and reasonable.