[2025:RJ-JP:16969] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2215/2018 Kushal Agarwal S/o Rakesh Kumar Agarwal, R/o D-6/137, Chitrakoot Yojna, Thana Vaishali Nagar, Jaipur Minor Through Its Natural Guardian/father Rakesh Kumar Agarwal ----Appellant-Claimant Versus 1. Ramashankar S/o Chhote Lal, R/o Bhoti, Pratappur, Thana Kanpur Nagar, Distt. Kanpur, Uttarpradesh Driver Truck No. Up-78-Bt-0685 2. Dinesh Pratap Singh S/o Jagdish Prasad, R/o 128/422, H- 2, Kidwai Nagar, Kanpur, Gramin Distt. Kanpur, Uttarpradesh Owner Truck No. Up-78-Bt-0685 3. United India Insurance Company Limited, Through Sr. Divisional Manager, Divisional Office, M.i. Road, Jaipur Insurer Policy No. 0825003113P105920890 Validity 14- 12-2013 Till 13.12.2014 ----Respondents For Appellant(s) : Mr. Ram Singh Rathore For Respondent(s) : Mr. Tej Prakash Sharma with Mr. Vaibhav Jhankra Mr. Suresh Kumawat & Mr. Bhag Chand Kumawat HON'BLE MR. JUSTICE GANESH RAM MEENA Order 22/04/2025 1. Instant civil misc. appeal has been filed by the appellant/claimant- Kushal Agarwal for enhancement of the compensation amount as awarded by the Motor Accident Claim Tribunal (for short 'MACT') vide its judgment dated 22.01.2018 in Claim Petition No.972/2014. 2. Learned counsel for the appellant/claimant submits that apart from the amount for compensation towards the treatment and attendant etc, only Rs.50,000 has been awarded for the injuries and the disability sustained by the appellant/claimant. [2025:RJ-JP:16969] (2 of 3) [CMA-2215/2018] Learned counsel further submits that the appellant/claimant has sustained 23.54% disability in the accident. 3. Learned counsel for the appellant/claimant has relied upon the judgment passed by the Hon'ble Apex Court in case of Mallikarjun Vs. Divisional Manager, National Insurance Company Limited and Anr. reported in (2014) 14 Supreme Court Cases 396 and submits that the appellant/claimant is entitled to get compensation amount of Rs.3 Lacs apart from the compensation under the head of treatment, attendant etc. 4. Learned counsel for the insurance company is not in a position to counter the claim made by the learned counsel for the appellant/claimant in view of the judgment passed in case of Mallikarjun (supra). 5. Heard. 6. Considered the submissions made at bar and also perused the material made available on record. 7. Undisputed facts of the matter are that the appellant/claimant sustained injuries in the accident and was subjected to disability of 23.54% at the age of seven years. 8. The Hon'ble Apex Court in case of Mallikarjun (supra) in para 12 has observed as under:- "12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc. should be, if the disability is above 10% and up to 30% to the whole body, Rs 3 lakhs; up to 60%, Rs 4 lakhs; up to 90%, Rs 5 lakhs and [2025:RJ-JP:16969] (3 of 3) [CMA-2215/2018] above 90%, it should be Rs6lakhs. For permanent disability up to 10%, it should be Rs1 lakh, unless there are exceptional circumstances to take a different yardstick." 9. In view of the undisputed facts that the appellant/claimant has sustained 23.54% disability in the accident and in view of the observation of the Hon'ble Apex Court in case of Mallikarjun (supra), the appellant/claimant is entitled for compensation of Rs.3 Lacs apart from the compensation under the head of treatment, attendant, etc., whereas the MACT has only allowed Rs.50,000/- for the injuries and disability. 10. Accordingly, the award passed by the MACT is modified as under:- The appellant/claimant would be entitled for compensation of Rs.3 Lacs for the injuries and disability. He would also be entitled for compensation under the other heads as awarded by the Tribunal, hence, total amount of compensation for which the appellant/claimant is entitled is Rs.3,63,500/-. The amount already paid, if any, shall be deducted from the aforesaid total amount. The appellant/claimant shall be entitled for interest at the rate of 9%, if the enhanced amount is not paid within the period of two months from today." 11. Accordingly, the present civil misc. appeal stands disposed of. (GANESH RAM MEENA),J ARTI SHARMA /72