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Master Mallikarjun vs Divnl.Mgr.National Ins.Co.Ltd.& Anr on 26 August, 2013

7.Regarding the quantum of compensation, the Medical Board constituted specially for the purpose of going into the extent of disability of the minor petitioner has given a clear opinion that the disability is 60% and is permanent in nature. Though the nature of the injuries and the disability sustained by him may not have a serious bearing on his working and earning capacity, as the penis of the minor petitioner is seriously damaged, the petitioner is deprived of the future prospectus of getting married and the enjoyment of his marital pleasure. Further, in the cases of minors, the minor, due to deformity on his body, would likely to sustain more mental shock and pain and sufferings, and he is likely to face inconvenience, disappointment, etc. As observed by the Hon'ble Apex Court in the judgment reported in 2013 (2) TN MAC 338 (SC) (Master Mallikarjun Vs. Divisional Manager, National Insurance Co. Ltd., and another), the best part of his life is yet to come and the compensation to be awarded should enable the child to acquire something or to develop a lifestyle which will offset the pain, shock, frustration inconvenience and discomfort arising out of disability.
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