Case Note & Summary
The case involves a minor girl, Deepti Santosh Naik, who was injured in a road accident on 02.05.2007 at age four. She was travelling in a Tata Sierra car with her father when a truck hit the car, causing it to crash into a tree. The front windshield broke, and glass particles pierced her face, leaving permanent scars. Her father filed a claim petition on her behalf seeking total compensation of Rs.6,12,000. The Motor Accident Claims Tribunal partly allowed the claim, awarding Rs.1,50,000, apportioned equally between the two insurance companies (New India Assurance for the truck and Oriental Insurance for the Tata Sierra). The appellant (the minor through her father) appealed for enhancement. The High Court considered the heads of claim: medical expenses (Rs.6,000 claimed, Rs.5,000 awarded), special diet and attendant charges (Rs.10,000 claimed, Rs.5,000 awarded), transport charges (Rs.2,000 claimed, Rs.2,000 awarded), and plastic surgery costs (Rs.3,00,000 claimed, Rs.1,38,000 awarded). The court noted that the Tribunal had awarded Rs.1,38,000 for plastic surgery based on a quotation from a hospital, but the appellant argued that the quotation was not exhibited and the amount was insufficient. The court found that the minor would require plastic surgery in the future and that the Tribunal's estimate was reasonable. However, the court enhanced the compensation under other heads: medical expenses increased to Rs.10,000, special diet and attendant charges to Rs.15,000, and transport charges to Rs.5,000. The total compensation was enhanced from Rs.1,50,000 to Rs.3,00,000, with interest at 6% per annum from the date of the claim petition until payment. The liability was apportioned equally between the two insurance companies. The court directed the insurance companies to deposit the enhanced amount within eight weeks.
Headnote
A) Motor Accident Claims - Compensation for Minor - Future Medical Expenses - The court considered whether the Tribunal's award of Rs.1,50,000 was adequate for a minor girl who suffered facial scars requiring future plastic surgery - Held that the compensation should include estimated costs of plastic surgery and other heads, enhancing total to Rs.3,00,000 (Paras 1-6).
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal for a minor girl with facial scars from a road accident is adequate, particularly regarding future plastic surgery expenses.
Final Decision
The High Court partly allowed the appeal, enhancing total compensation from Rs.1,50,000 to Rs.3,00,000 with interest at 6% per annum from the date of claim petition until payment. The enhanced amount to be deposited by the insurance companies within eight weeks, apportioned equally.
Law Points
- Motor Accident Claims
- Compensation for Minor
- Future Medical Expenses
- Permanent Disability
- Section 166 Motor Vehicles Act
- 1988
