MV Act | Minor With Permanent Functional Disability Entitled To Compensation As 'Skilled Workman': Allahabad High Court

The Allahabad High Court has held that an unemployed minor having 100% permanent functional disability after accident, is entitled to compensation under the Motor Vehicles Act as a "skilled workman". While dealing with an appeal for enhancement of compensation granted by the Motor Accident Claims Tribunal, Justice Sandeep Jain held:“even if, it is assumed that the claimant was only 16 years old and was not in any gainful employment at the time of the accident even then, he is entitled to get compensation on the basis that he was a skilled workman.”The Tribunal granted a compensation of Rs.5,03,310 along with interest at 7% per annum, to the petitioner to be indemnified by the insurer of the offending truck with whom the petitioner had met with an accident.While challenging the award, the insurance company claimed that the disability was only 60% permanent disability which was wrongly considered as 80% based on the certificate of the physiotherapist. On the contrary, the claimant applied for enhancement of compensation on grounds that he had suffered 100% functional disability, but only 80% was taken into account by the Tribunal. The claimant argued that due to the accident the claimant's right leg was amputated from the knee and his two little toes of left foot were also amputated and thus he suffered 100% functional disability.Counsel for claimant also pleaded that the claimant was 16 years old at the time of the accident so the multiplier of 18 had be used for computation, instead of 16. It was also pleaded that the claimant could not do manual labour because of which the compensation ought to be enhanced. The Court noted that the certificate of 60% disability was issued by CMO, Pratapgarh, whereas the claimant had produced a certificate of 80% disability issued by Department of Physiotherapy, B.Y.L. Nair Charitable Hospital & T.N.M. College, Bombay, both of which had not been challenged. It further noted that the claimant was working as a Khalasi on his truck (manual worker) which involves physical labour and due to 100% functional disability, he was unable to work. Accordingly, the Court held that the compensation awarded ought to be enhanced. Further, the Court relied on Kajal vs. Jagdish Chand & Ors., Master Ayush vs. Branch Manager, Reliance General Insurance Co. Ltd. & Anr, Baby Sakshi Greola vs. Manzoor Ahmad Simon & Anr. and Hitesh Nagjibhai Patel vs. Bababhai Nagjibhai Rabari & Another where the Supreme Court had held that in cases of 100% permanent functional disability, “the compensation under the head of loss of income must be awarded on the basis of the minimum wages of a skilled workman prevailing at the time of the accident in that region and should not be assumed on a notional basis.”The court thus enhanced the compensation to Rs. 16,59,510/- alongwith interest @ 7% per annum from the date of filing of the claim petition till it's actual payment, which is to be indemnified by the insurer of the offending Truck.The claimant's appeal was allowed.Case Title: Sangam Lal VersusThe New India Assurance Co. Ltd. And Anr. [FIRST APPEAL FROM ORDER No. - 892 of 2015]Click Here To Read/Download Order

MV Act | Minor With Permanent Functional Disability Entitled To Compensation As 'Skilled Workman': Allahabad High Court

Upasna Agrawal

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