10-year-old boy gets Rs 3.7 lakh compensation for injuries in accident
A speeding two-wheeler coming from the Cadbury junction highway hit the boy following which he sustained multiple grievous injuries, including fractures in his legs.india Updated: Jan 01, 2018 14:29 IST
A Motor Accident Claims Tribunal (MACT) Pune has awarded a compensation of Rs 3.7 lakh to a 10-year-old boy for the injuries that he suffered after being hit by a motorcycle in 2013.
MACT member and district judge KD Vadane directed motorcycle owner Mahesh Ramchandra Dalvi and the two-wheeler’s insurer ICICI Lombard General Insurance Company Limited to make the payment.
The lawyer of the claimant, Rohit Jokhan Chauhan, then aged six and studying in Senior Kindergarten, told the MACT that on November 11, 2013 the boy was playing in front of his house at Patil Wadi in Thane along with his elder brother.
A speeding two-wheeler coming from the Cadbury junction highway hit the boy following which he sustained multiple grievous injuries, including fractures in his legs.
The lawyer also told the tribunal that the boy had to undergo surgery and treatment in different hospitals.
He said the boy’s parents spent over Rs 1 lakh on his treatment but the injuries were not cured and he suffered from 32% permanent disability, which has affected his education as well as future working and earning capacity.
Therefore, taking into consideration the future prospects, the boy’s lawyer sought a compensation of Rs 21 lakh for his client.
The motorcycle owner did not make any written submission in the court.
However, the counsel for the vehicle’s insurer contested the claim and submitted that the boy’s parents were negligent since they allowed him to play on the road.
The counsel said the rider of the motorcycle was not holding a valid and effective driving licence at the time of the incident, therefore there is breach of terms and conditions of the insurance policy.
Thus, he requested the tribunal to dismiss the claim on these grounds.
He further submitted that the boy’s medical bills filed on record were not duly proved.
The insurer’s counsel also said that the doctor who issued the disability certificate to the boy was not his treating doctor, and thus the minor was not entitled for the compensation as claimed.
Judge Vadane observed that the percentage of disability assessed by the doctor appeared to be doubtful.
He noted that the documents of clinical and X-Ray examination of the applicant were not filed on record.
However, taking into consideration the nature of injuries caused to the applicant, certainly he has suffered disability at least to the extent of 15%, he observed.
The judge also said that as the applicant is a child, it is difficult to have an accurate assessment of compensation in respect of his future loss of income.
However, taking into consideration the nature of injuries and disability caused to the boy, the judge, in his order last week, directed the opponents to pay him a compensation of Rs 3,70,664 along with eight per cent interest per annum from the date of filing the claim.
While deciding the compensation amount, the judge took into account various factors, including the expenses incurred by the boy’s family on his treatment and medicines, pain and suffering already undergone and to be suffered in future, mental and physical shock and loss of amenities in life on account of permanent disability.