1. The captioned appeal has been preferred against the
impugned judgment and award dated 31.08.2016 passed by
the learned Motor Accident Claims Tribunal (Aux.), Rajkot at
Dhoraji, in M.A.C.P. No. 459 of 2012 (Old M.A.C.P. No. 29 of
2011), whereby the learned Tribunal partly allowed the Claim
Petition and awarded a sum of Rs.1,50,300/- (Rupees One
Lakh Fifty Thousand Three Hundred Only) along with interest
at the rate of 9% per annum, from the date of filing of the
claim petition till its realization, as compensation.
2. The succinct facts, which led to the filing of the
captioned appeal are summarized as under:-
v. In order to prove her case, the original
claimant/appellant herein led oral as well as
NEUTRAL CITATION
C/FA/867/2017 JUDGMENT DATED: 28/11/2025
undefined
Sr. No. Description of documents Exh. No.
Affidavit in examination-in-chief and
1 Cross-examination of the 22
Claimant/appellant herein.
occurrence.
Matador.
Upleta.
Rajkot.
9 Discharge Certificate issued by Dr. 36 & 37
Dhruv, Rajkot
10 Copy of driving License of Opponent Mark
No.1. 15/1
11 Disability Certificate issued by Dr. Dipak 38
R. Langaliya, Gondal.
claimant/appellant.
Rs.4,800/-
vi. Respondents herein have not led any oral or
documentary evidence before the learned Tribunal.
vii. Having considered the oral as well as documentary
evidence on record, the learned Tribunal partly
allowed the Claim Petition and awarded a sum of
NEUTRAL CITATION
C/FA/867/2017 JUDGMENT DATED: 28/11/2025
undefined
Rs.1,50,300/- (Rupees One Lakh Fifty Thousand Three
Hundred Only) along with interest at the rate of 9%
per annum, from the date of filing of the claim petition
till its realization, as compensation.
viii. Being aggrieved and dissatisfied with the impugned
judgment and award, the original Claimant/appellant
herein preferred the captioned appeal seeking
enhancement of the compensation awarded by the
learned Tribunal.
3. Heard learned counsels for the parties.
4. Mr. Tushar L. Sheth, learned counsel appearing on
behalf of the original claimant/appellant vehemently
submitted that the learned Tribunal has miserably failed to
appreciate that at the time of accident, the claimant/appellant
herein was a young girl aged about four years, therefore, the
learned Tribunal ought to have awarded the compensation in
accordance with the ratio of judgment rendered by the
Hon'ble Apex Court in the case of Master Mallikarjun v.
Divisional Manager, National Insurance Company Limited.&
Anr. reported in 2014 (14) SCC 396. He further submitted that
the learned Tribunal has awarded only a meagre amount of
compensation under the head of Special Diet, Attendant
Charges and Transportation. He contended that the learned
Tribunal ought to have awarded just compensation under this
head. He further submitted that it is not in dispute that the
appellant, who was a minor at the time of accident remained
hospitalized for a long period of time and she sustained the
NEUTRAL CITATION
C/FA/867/2017 JUDGMENT DATED: 28/11/2025
undefined
disability of 10% body as a whole, therefore, the learned
Tribunal ought to have just compensation under this head and
the impugned judgment and award be modified to that extent
accordingly.
5. Per contra, learned advocate, Mr. Jainam Shah
appearing on behalf of Mr. Rathin P. Raval, learned advocate
appearing for the respondent No.3 - Insurance Company
vehemently submitted that the learned Tribunal has awarded
just compensation under all the heads, therefore, there is no
infirmity in the impugned judgment and award. He contended
that the instant appeal is devoid of any merit and submitted
that the same deserves to be dismissed.
6. Having considered the submissions of the learned
counsels for the parties and having perused the material
available on record, it is to be noted that the manner of
happening of accident, issue of negligence, age and disability
sustained by the claimant/appellant herein are not in dispute.
At the time of the accident, the claimant/appellant herein was
a young girl aged about four years, therefore, the learned
Tribunal could have applied the ratio of judgment rendered by
the Hon'ble Apex Court in the case of Master Mallikarjun
(supra). In the case of Master Mallikarjun (supra), the Hon'ble
Apex Court at para 12 had observed as under:-
"Though it is difficult to have an accurate
assessment of the compensation in the case of
children suffering disability on account of a motor
vehicle accident, having regard to the relevant
factors, precedents and the approach of various
NEUTRAL CITATION
C/FA/867/2017 JUDGMENT DATED: 28/11/2025
undefined
High Courts, 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............"
7. In the case on hand, it is not in dispute that the
claimant/appellant herein, who was a young girl of four years
at the time of accident has sustained permanent disability of
10% body as a whole as a result of the vehicular accident in
question. Therefore, in the judgment of Master Mallikarjun
(supra), the claimant/appellant herein is entitled to get a
compensation of Rs.1,00,000/- under the head of Future Loss
of Income. Thus, the compensation awarded by the learned
Tribunal under the head of Future Loss of Income is
reassessed and enhanced from Rs.27,000/- to Rs.1,00,000/-.
8. The learned Tribunal had awarded a sum of Rs.30,000/-
under the head of Pain Shock & Suffering. In my considered
opinion, the compensation awarded under this head is just
and proper, hence, no interference is required under this
head. Accordingly, the compensation awarded by the learned
Tribunal under the head of Pain Shock & Suffering is
maintained.
9. So far as the compensation awarded under head of
Medical Expenses are concerned. The learned Tribunal has
NEUTRAL CITATION
C/FA/867/2017 JUDGMENT DATED: 28/11/2025
undefined
awarded a sum of Rs.84,000/- under this head on the basis of
actual expenses incurred by the claimant/appellant herein for
her medical treatment. Therefore, no interference is required
under this head. Accordingly, the compensation awarded by
the learned Tribunal under the head of Medical Expenses is
maintained.
10. The learned Tribunal has awarded a meagre amount of
Rs.3,000/- under the head of Special Diet, a sum of Rs.1,500/-
under the head of Attendant Expenses and a sum of Rs.4,800/-
under the head of Transportation Expenses. Considering the
nature of injuries sustained, period of hospitalization and age
of the claimant/appellant herein, who was a minor at the time
of the accident, it would be just and proper if a sum of
Rs.25,000/- as a lumpsum amount is awarded under the head
of Special Diet, Transportation and Attendance Charges.
Accordingly, a sum of Rs.25,000/- is awarded under the head
of Special Diet, Transportation and Attendance Charges.
11. Therefore, in view of the above discussions, the original
claimant/appellant herein shall be entitled for the following
amount of compensation:-
Sr. Head Amount in
No. rupees
1 Future Loss of Income. 1,00,000/-
2 Pain Shock & Sufferings. (+) 30,000/-
Special Diet, Transportation and Attendance (+) 25,000/-
Charges
NEUTRAL CITATION
C/FA/867/2017 JUDGMENT DATED: 28/11/2025
undefined
4 Medical Expenses. (+) 84,000/-
5 Total Compensation 2,39,000/-
Compensation awarded by the learned
6 Tribunal vide the impugned judgment and (-) 1,50,300/-
award dated 31.08.2016.
7 Enhanced amount of Compensation Rs.88,700/-
12. Therefore, in view of the above discussion, the original
claimant/appellant herein shall be entitled for an additional
compensation to the tune of Rs.88,700/- (Rupees Eighty-Eight
Thousand Seven Hundred Only). The learned Tribunal has
awarded interest at the rate of 9% per annum from the date of
filing of the Claim Petition till realization. The said rate of
interest is maintained; accordingly, the original
claimant/appellant herein shall be entitled to 9% of interest
per annum on the additional amount of compensation from the
date of filing of the Claim Petition till its realization.
13. In view of the above discussion, the impugned judgment
and award stands modified to the aforesaid extent and
accordingly, the captioned appeal stands partly allowed.
14. The respondent No.3 - Insurance Company shall deposit
the enhanced amount of compensation along with interest
within a period of six weeks from today. Upon depositing the
said amount, the learned Tribunal shall disburse the entire
awarded amount to the original claimant/appellant herein
(deducting deficit Court fee, if any), after due verification.
15. Amount, if any, lying deposited with the Registry of this
Court shall be transmitted to the learned Tribunal concerned
NEUTRAL CITATION
C/FA/867/2017 JUDGMENT DATED: 28/11/2025
undefined
forthwith. Records & Proceedings, if any be sent to the
learned Tribunal concerned. No order as to costs.
16. Pending application, if any, stands disposed of,
accordingly.
(MOOL CHAND TYAGI, J)
ARUN
