Giving much relief to a 13-year-old girl, whose one leg was amputated till the thigh following an accident, the Madurai Bench of the Madras High Court today steeply hiked the compensation awarded by a Tribunal to her from Rs 5.58 lakh to Rs 14.50 lakh.
Modifying the amount, Justice S Vimala criticised the Tribunal for not considering the necessity of purchasing artificial limb to her while awarding the compensation.
"While laying the bricks, the Tribunal has missed laying the corner stone, i.E. While awarding the compensation, the Tribunal did not award compensation for the purchase of artificial limb in the case of amputation" the judge said.
Jasmine, an eighth standard student, met with an accident on March 1, 2010 and due to the severeness of the injury, one of her legs was amputated up to the thigh, crippling her life for ever.
The Tribunal had awarded Rs 5.58 lakh as compensation to her. But the Shriram General Insurance Company filed an appeal in the High Court seeking to reduce the amount.
Dismissing the appeal, the judge criticised the company and said "statutory authorities were not expected to take vexatious, technical, frivolous and unjust contentions to defeat legitimate claims of the citizens or to sooth their inflated egos"
"The irony is that, the decision of the insurance company to challenge the quantum has paved the way for the claimant to get enhancement in compensation. The fact remains that the claimant has not chosen to file any independent appeal or at least the counter claim when the company filed the appeal".
"But, this Court has considered the mute cry of the young girl agitating and enhanced the quantum deservedly in favour of her, without which the ends of justice would hardly be met", the judge said.
Besides, according to the doctor who treated the girl, the percentage of disability was 80 per cent and usage of artificial limb was indispensable and it has to be changed as the girl grows up, the judge said.
The suffering on account of amputation had to be taken into account, the judge said, and awarded Rs 1.5 lakh for sufferings, against the tribunal award of Rs 25,000.
The judge also enhanced the loss of earning capacity from Rs 2.25 lakh to Rs 7.20 lakh and revoked compensation awarded under other heads including permanent disability, medical expenses, attendant charges and loss of marital prospects.
