PRAVEEN M.UPPINAPATTAN Vs. DEEPAK SOAZA

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents.

(2.) The claim petition is filed by a minor aged about 17 years who met with an accident and suffered the fracture of femur and intracranial hemorrhage in the right basal ganglia per ventricular region of left cerebral hemisphere and he was admitted the hospital and has taken treatment as an inpatient from 13/8/2006 to 28/9/2006 and from 29/4/2007 to 7/5/2007. The claimant also suffered loss of upper two incisors and left upper canine teeth. The claimant underwent surgery and nailing of right femur was done. In all the claimant was in the hospital for a period of 70 days. The doctor PW-2 has filed his affidavit as evidence in chief-examination deposing that the petitioner has suffered permanent disability to his whole body at 12% due to the injuries sustained in the accident. PW-3 is the doctor who treated the injured for his dental issues i.e., he lost 3 teeth.

(3.) In view of the judgment of the Hon'ble Apex Court in the case of Master Mallikarjun vs. Divisional Manager, The National Insurance Company Limited and Another reported in AIR 2014 SC 736, if the minor who has suffered disability to the extent of 10%, a sum of Rs.1,00,000.00 has to be awarded and in respect of disability to the extent of 10% to 30%, a sum of Rs.3,00,000.00 has to be awarded towards disability.