NANDINIBEN BHAVESHBHAI RAJPARA Vs. MANSUKHBHAI BHUPATBHAI RAJPARA

JUDGEMENT

(1.) The claimant, who is a minor and was aged about 7 at the time of the accident, had filed the claim petition through the guardian and has challenged the judgment and award passed by the MACT (Aux), Rajkot on 28/12/2018 in MACP no.1198/13.

(2.) Mr. Hemal Shah, learned advocate for the appellant states that the learned Tribunal ought to have granted compensation for 9% permanent physical disability as per the yardstick laid down in the case of Master Mallikarjun Vs. Divisional Manager, The National Insurance Company Limited & Anr., reported in AIR 2014 SC 736 and an amount of Rs.1,00,000.00 with a further amount under the head of medical expenses and special diet, attendant and transportation ought to have been granted.

(3.) The minor sustained injury on 17/11/2013 while she was walking on the side of the road near her house and she was dashed by the driver of the motorcycle bearing registration no. GJ-3 - 3449, which came in a rash and negligent manner endangering the human life. Owing to the accident, she sustained fracture injury as well as other severe injuries.