Summary
Compensation for a ten-year-old child’s proved seventy per cent permanent disability was increased from Rs.2 lakh to a lump sum of Rs.10 lakh. The High Court had failed to examine the evidence or give reasons when dismissing the enhancement appeal. Considering early-life disability, past and future treatment, pain and care needs, the Supreme Court determined the award itself, with six per cent interest from the High Court’s order and adjustment of sums already paid.
Issues
- Whether the unreasoned dismissal of the compensation appeal and the Rs.2 lakh disability award were sustainable.
Held
- An appeal under section 173 is comparable to a first civil appeal and requires examination of evidence and reasons. A bare statement that the award contains no perversity or illegality did not discharge that appellate duty. (¶ 12–15)
- The medical evidence proving seventy per cent permanent disability was unrebutted. The child’s young age, continuing disability, treatment needs and suffering made the original award inadequate; insurer liability itself was not in issue. (¶ 16–19)
- The Court fixed Rs.10 lakh as a fact-specific lump sum covering the relevant losses and care considerations, rather than prescribing a universal disability tariff. (¶ 18–20)
Result
Appeal allowed and High Court order set aside. Rs.10 lakh awarded with 6% interest from the High Court order, adjusting the Tribunal’s Rs.2 lakh and interest if already paid. Insurer to pay the calculated balance within three months and Rs.10,000 counsel fees.