LAW FOR ALL

Cout can grant compensation more than claimed when the claimant is a minor In view of the above, we award a sum of Rs.62,27,000/­ to the claimant under the following heads : S.No Heads Amount (i) Expenses relating to treatment, hospitalisation and transportation Rs. 2,50,000/­ (ii) Loss of earnings (family members) Rs. 51,000/­ (iii) Loss of future earnings Rs.14,66,000/ (iv) Attendant charges Rs.21,60,000/­ (v) Pain, suffering, loss of amenities Rs.15,00,000/­ (vi) Loss of Marriage prospects Rs. 3,00,000/­ (vii) Future medical treatment Rs. 5,00,000/­ This amount shall carry an interest @7.5% p.a. from the date of filing of the claim petition till payment/deposit of the amount. Obviously, the insurance company shall be entitled to adjust the amount already paid. Further, the insurance company shall also be entitled to recover the amount from the owner in terms of the award of the MACT, which has not been challenged either before the High Court or us. We are aware that the amount awarded by us is more than the amount claimed. However, it is well settled law that in motor accident claim petitions, the Court must award just compensation and, in case, the just compensation is more than the amount claimed, that must be awarded especially where the claimant is a minor.