When claiming compensation for a motorcycle accident, it is hard to do an accurate examination of compensation for a child who has a disability resulting from the accident. To decide a fair and minimum compensation that is be given as compensation to the victim child is a huge task for the court.
There are other heads to be dealt under compensation in the case of a child like mental shock, disappointment, unable to have normal routine of life when children at the stage are bursting with energy to play, physical activities and proper compensation has to be given to the child so that it can help the child to an extent after such an accident.
As in the case of Kum. Michael vs. Regional Manager, Oriental Insurance Company Limited and Another, the Apex Court observed and said that the victim child of 8 years old had a fracture on both legs and there was 16% disability thereby giving compensation of an amount of Rs. 3,80,000/-.
The case: Iranna vs. Mohammadali Khadarsab Mulla and Another where the High Court of Karnataka awarded the victim child with 80% permanent disability with Rs. 4,00,000/-.
Then another case of: Sapna v. United Indian Insurance Company Limited and Another where the Supreme Court gave the girl, aged 12 years, who was having a disability on her left leg of the tune of 90%, an amount of Rs. 2,00,000/-.
In the case of Master Mallikarjun v. Divisional Manager, the National Insurance Company Limited & Anr., the Apex Court noted and opined :
“……we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs. 3 lakhs ; upto 60% , Rs. 4 lakhs ; upto 90% , Rs. 5 lakhs and above 90%, it should be Rs. 6 lakhs. For permanent disability upto 10%, it should be Re.1 lakh unless there are exceptional circumstances to take different yardstick.” The court, in this case, gave an amount of Rs. 3,75,000/- as compensation. Further details regarding this can be obtained from Lawyers in India.
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