Case Note & Summary
The case involved a civil appeal concerning a minor who sustained serious injuries in an accident that occurred on 26.03.1995. The appellant, Poornima, was only 3 years and 10 months old at the time of the incident. Initially, the Motor Accident Claims Tribunal (M.A.C.T.) in Thrissur awarded a compensation of Rs.73,000, which was subsequently enhanced by the Kerala High Court to Rs.3,16,250. The appellant sought further enhancement from the Supreme Court. During the Lok Adalat proceedings, the parties reached a consensus on the compensation amount. The Supreme Court directed that a total of Rs.9.5 lacs be paid to the appellant, with provisions for managing the funds. The court ordered that Rs.7 lacs be kept in a fixed deposit under the guardianship of the appellant's mother. The appeal was disposed of with these directions.
Headnote
A) Tort Law - Compensation for Minor Injury - Enhancement of Compensation - Motor Vehicles Act, 1988 - The court enhanced the compensation awarded to a minor who suffered serious injuries in an accident, directing a total of Rs.9.5 lacs to be paid, with specific instructions on managing the funds. The court emphasized the need for the awarded amount to be secured in a fixed deposit for the minor's benefit (Paras 1-2).
Issue of Consideration
Whether the compensation awarded to the minor appellant should be enhanced and how it should be managed.
Final Decision
The Supreme Court directed that a total of Rs.9.5 lacs be paid to the appellant, with Rs.7 lacs to be kept in a fixed deposit under the guardianship of the appellant's mother. The appeal was disposed of accordingly.
Law Points
- Compensation
- Minor Injury
- Settlement
- Appeal
- Fixed Deposit
