Khushi Gupta v. State of Haryana and Ors.

• 1 Claimant is in appeal seeking enhancement of the

compensation. She was 3 ½ years of age when she met with an accident leading to 20% permanent disability.

• 2 Tribunal while awarding compensation observed as under :-

“29. Minor Khushi Gupta was examined by the Medical Board on 21.2.2007 for assessment of permanent disability and report given by the Board is Ex. P-23 which speaks that petitioner Khushi Gupta aged about 5 years suffered 20% permanent disability with relation to her lower limb. Expenses incurred by her on her treatment have not been proved in this case. However, as petitioner Khushi Gupta minor sustained injuries and sustained disability, she must have spent some amount on her treatment and must have undergone pain

POOJA SHARMA 2025.01.09 09:52 I attest to the accuracy and integrity of this document

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and agony. On these counts, I allow to her Rs. 20,000/- for pain and agony, medical expenses, special diet etc. For disability I allow Rs. 40,000/- to petitioner Khushi Gupta. In total, I allow Rs. 60,000/- to petitioner Khushi Gupta in claim petition No. 228 of 2005 titled "Khushi Gupta Vs. State of Haryana etc."

3 The claimant suffered permanent disability. Owing to the injury suffered in the hip joint, she was rendered incapable of squatting and sitting cross legged. Tribunal instead of assessing her functional disability has awarded compensation as per the permanent disability awarding her lump sum amount of Rs.60,000/-. The approach of the Tribunal is erroneous and cannot be sustained. Supreme Court in the case of Miss Rushi @ Ruchi Thapa, through her father, Sir Dhan Bahadur Thapa Vs. M/s Oriental Insurance Co. Ltd & anr. 2024(13) Scale 64 while dealing with the compensation payable to 11 years old child leading to 75% disability observed as under :-