Motor Vehicle Accident – Appellant sustained grievous injuries in a road traffic accident when she was 7 years old and suffered disability and moderate mental retardation – Compensation awarded – Enhancement of:
Held: Even though the Doctor (PW-3) on assessment of the appellant opined that the disability suffered by her was 75%, however, the disability of the appellant should be treated to be 100% for all practical purposes – Taking notional income is not the correct approach – Instead, the minimum wages payable to a skilled workman in the concerned State has to be taken into consideration because, that would be the minimum amount which the appellant would have earned on becoming a major – The minimum wage payable to a skilled workman in the State of Delhi at the time of the accident, i.e. 02.06.2009, was Rs. 4,358/- per month – To arrive at the compensation to be awarded under the head of loss of income and earnings due to disability, 40% added for future prospects and a multiplier of 18 applied in view of the age of the appellant – Therefore, the compensation under loss of income/earning capacity would be Rs. [4,358 + (40% of 4,358)] x 12 x 18 = Rs.13,17,859/-, rounded off to Rs. 13,18,000/- – Further, the appellant will remain dependant on another person for the rest of her life even though the physical age will increase, but her mental age will be that of a child studying in the 2nd Standard/Class – High Court only enhanced the compensation under the head of pain and suffering from Rs.50,000/- as awarded by the Tribunal to Rs.1,00,000/- which is not commensurate to the impact the unfortunate accident has on the appellant and her family – In the peculiar facts and circumstances of the case, compensation of Rs.15,00,000/- award under the head of pain and suffering – Also, the compensation awarded under the head of loss of marriage prospects by the High Court is inadequate and is enhanced to Rs. 5,00,000/- – Rs.9,42,000/- awarded under the head of attendant charges as the appellant would be dependent on a skilled attendant throughout her life and on a full-time basis – Compensation awarded under Future Medical Treatment enhanced to Rs.5,00,000/- as the appellant would be requiring medical assistance in the form of medicines, diapers, etc. to live a relatively comfortable life – Impugned judgment quashed and set aside – Total compensation of Rs. 50,87,000/- with 9% rate of interest awarded. [Paras 27, 29, 31, 33, 38, 40, 43, 46, 48, 49, 51, 53]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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