01Facts
The minor claimant, aged two at the time, was injured when a car struck her while she was walking in Chennai on 11 April 2022.
p. 2She sustained injuries requiring hospitalisation and two surgeries; a Medical Board assessed her disability at 13%.
p. 2, 5The Motor Accident Claims Tribunal found the car’s driver negligent and awarded ₹7,75,000, including ₹3,00,000 for marriage prospects.
p. 3The insurer appealed, challenging the quantum, particularly the award for marriage prospects.
p. 402Issues
i.Whether the Tribunal’s award of ₹3,00,000 for the minor claimant’s marriage prospects was justified on the evidence.
pp. 4–5ii.Whether the compensation awarded under the other heads required appellate interference.
p. 503Law Applied
The claim arose under Section 166 of the Motor Vehicles Act, 1988, and the appeal was brought under Section 173 of that Act.
pp. 1–2The judgment applied the general principle that compensation under individual heads must be supported by the evidence and circumstances of the injury.
It cited no specific precedent or further statutory rule.
Provisions in the judgment · 2 · Linked ones open on LawLens
Motor Vehicles Act, 1988 Section 173Section 166
04Reasoning
The Court noted the claimant’s injuries, hospitalisation, surgeries and assessed 13% disability, and found the Tribunal’s awards under the other heads reasonable.
p. 5However, it considered the ₹3,00,000 award for marriage prospects excessive: the record did not establish lasting disfigurement or disability warranting that amount.
pp. 4–5It therefore reduced that component to ₹2,00,000 while leaving the remaining heads undisturbed.
p. 505Holding
The appeal was partly allowed.
pp. 5–6The total compensation was reduced from ₹7,75,000 to ₹6,75,000, with interest at 7.5% per annum from the date of the claim petition until deposit.
pp. 5–6The insurer was directed to deposit the modified amount, less any sum already deposited, within six weeks; the claimant may withdraw it in accordance with the Tribunal’s disbursement order.
p. 6No costs were ordered, and the connected miscellaneous petition was closed.
p. 6Original Court PDF
M/s Shirram General Ins.Co. Ltd.,vsM.DEEKSHITHA (MINOR)
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