Gujarat High Court
Minor Diyaben Raviraj Jaiswal, Through ... vs Iffco Tokio General Insurance Company ... on 18 December, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/SCA/21043/2023 ORDER DATED: 18/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21043 of 2023
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MINOR DIYABEN RAVIRAJ JAISWAL, THROUGH MOTHER AND
NATURAL GUARDIAN JAISWAL MANISHABEN RAVIRAJ
Versus
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD
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Appearance:
MR.KARNA H DHOMSE(6684) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 18/12/2023
ORAL ORDER
1. Mr. Karna H.Dhomse, learned advocate for the petitioner submitted that the minor girl has suffered 90% disability on the right upper limb. As per the evidence, right shoulder of minor was fractured; her two right ribs were fractured, right hand had brekial Plexus injury as well as blood vessel of right hand was cut and certain injuries on face were there. Mr. Dhomse submitted that though her bone have joint, but her shoulder and elbow had no movement, as her muscles got paralyzed.
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2. It is stated by Advocate Mr. Dhomse that the brekial Plexus is a bundle of nerves that stems from nerve roots in the cervical (neck) and upper trunk (torso) sections of the spinal cord (C5-T1), creating a network that connects to the nerves in the arm.
3. Advocate Mr. Dhomse further submitted that there were no movement in her fingers as well as her wrist was deformed and she has no sensation in her right hand. Mr. Dhomse submitted that the Doctor has assessed the permanent disability of 90% on the right hand, and the Tribunal has considered 100% functional disability of the right hand.
4. Advocate Mr. Dhomse submitted that the Tribunal was required to consider the matter as an exceptional case and should have gone beyond the parameters laid down in case of Mallikarjun Page 2 of 6 Downloaded on : Tue Dec 19 20:46:40 IST 2023 NEUTRAL CITATION C/SCA/21043/2023 ORDER DATED: 18/12/2023 undefined v. Divisional Manager, National Insurance Company Limited and another, reported in [(2014) 14 SCC 396].
5. Advocate Mr. Dhomse stated that the judgment of the Tribunal has been challenged by the claimant through mother by filing First Appeal No.4989 of 2023, which was admitted by order dated 14.12.2023.
6. The claimant being minor had filed the application through her widow mother. The mother has no other source of income to deal with medical expenses and, therefore, the mother had filed MAC Misc. Application No.89 of 2023 in MACP No.71 of 2020 for disbursement of the amount urging medical need.
7. Advocate Mr. Dhomse submitted that 100% amount has been deposited in FDR for a period of Page 3 of 6 Downloaded on : Tue Dec 19 20:46:40 IST 2023 NEUTRAL CITATION C/SCA/21043/2023 ORDER DATED: 18/12/2023 undefined five years or till the minor attains majority whichever is later; though the periodical interest is granted to the claimant or her guardian, but the said amount would not be sufficient to deal with the medical expenses; hence, stated that the claimant had made the prayer to disburse Rs.2,92,653/-, as the mother had taken hand loan to meet with medical needs of the child, since she has to pay the amount and there being no male member in the family and therefore, Advocate Mr. Dhomse submitted that the Tribunal ought to have granted that amount. Advocate Mr. Dhomse submitted that though there was endorsement of the insurance company of no objection, the total amount was ordered to be placed in the F.D.R.
8. The fact suggests that the child needs medical care and at present a prayer is made of granting Rs.2,92,653/-, but this Court considers Page 4 of 6 Downloaded on : Tue Dec 19 20:46:40 IST 2023 NEUTRAL CITATION C/SCA/21043/2023 ORDER DATED: 18/12/2023 undefined that the First Appeal would take its time to conclude, and when there has been no objection, which was made contingent of identifying the claim of the applicant, and since the claim made by the widow mother is genuine, as on her own she would not be in a position to deal with medical needs of the minor, the minor is required to be assisted monetarily so that she would have her medical needs in time, and the mother be made monetarily sufficient to look after the medical needs of the child.
9. The amount of Rs.2,92,653/- has been prayed, but this Court considers that Rs.3,50,000/- would be appropriate to grant the applicant. Hence, the Tribunal concerned is directed to grant Rs.3,50,000/- to the applicant by account payee cheque on proper verification, so that widow mother would not have to run pillar to post for other needs of the child. Page 5 of 6 Downloaded on : Tue Dec 19 20:46:40 IST 2023
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10. In view of the above observation and direction, the present petition stands disposed of.
Direct service is permitted.
(GITA GOPI,J) Pankaj Page 6 of 6 Downloaded on : Tue Dec 19 20:46:40 IST 2023