The Gujarat High Court ruled that if a minor is injured in a vehicle accident and suffers 10% disability, he is entitled to an additional compensation of Rs 1 lakh in addition to treatment costs.
While modifying an order issued by the Motor Accident Claim Tribunal awarding compensation of Rs 30,000 to a minor who was injured, the HC increased the compensation to Rs 1 lakh. According to a Supreme Court order in a similar case, the insurance company must pay the amount plus 6% interest within 30 days.
According to the facts of the case, applicant Aarti Tomar’s minor son was injured in an accident on May 14, 2000. In 2001, she filed a MACT petition seeking Rs1 lakh in compensation. The tribunal ordered the insurance company to pay Rs 30,000 plus 9% interest from the date the plea was filed. She had appealed the order to the HC.
Her lawyer argued, citing a Supreme Court decision, that the tribunal erred in awarding compensation to the claimant, who was a minor at the time and had suffered a total disability of 6%. He should be given Rs. 1 lakh.
Following her hearing, the High Court ruled that if the disability is up to 10%, appropriate compensation on all other heads, in addition to the actual expenditure for treatment, attendant, and so on, should be Rs 1 lakh. The MACT clearly erred in awarding just compensation, according to the HC. The insurance company was given 30 days to pay the difference.