JIGNESH SOMAJI MARWADI Vs. RAJUBHAI MANGAJI THAKOR

JUDGEMENT

(1.) The minor claimant, aged about 5 years through the guardian and next friend, had filed MACP no.699/16 owing to the injuries sustained in a vehicular accident which had occurred on 29/2/2016. The injured minor was walking on the road and at that time, the motorcycle bearing registration no.GJ-7 BD-1418 came in an excessive speed in a rash and negligent manner and hit the minor and as a result sustained serious injuries including the fracture. The learned Tribunal on consideration of the facts on record and appreciating the documents to the extent had held opponent no.1 driver of the motorcycle solely negligent for the accident.

(2.) Ms. Pooja Hotchandani, learned advocate for the appellant stated that the minor suffered serious injuries and parents had expended a lot for the treatment of the child and the learned Tribunal awarded an amount of Rs.75,000.00 towards medical expenses. The disability certificate was produced at Exh.48 and the Doctor had opined of 7% permanent partial impediment in relation to the body as a whole and since the consent purshis at Exh.47 was moved to consider 5% disability for the body as a whole, the learned Tribunal has accepted the same. Ms. Hotchandani submitted that the learned Tribunal was required to grant the compensation in accordance to the judgment in the case of Master Mallikarjun Vs. Divisional Manager, The National Insurance Company Limited & Anr., reported in AIR 2014 SC 736, wherein the yardstick has been laid down to compensate the minor injured.

(3.) Mr. Karia, learned advocate for the respondent no.3 - insurance Company stated that the learned Tribunal has granted Rs.75,000.00 for medical expenses and amount under the head of pain, shock and suffering, special diet, attendant and transportation and for future economic loss has been assessed and had been granted in accordance to the evidence and thus, submitted that the compensation amount granted is just and reasonable.