Motor Vehicle Act, 1988 – Compensation – Enhancement – Appellant-minor aged 8 years suffered permanent disability in a road accident – Tribunal awarded compensation of Rs. 3.90 lakh – High Court enhanced it to Rs. 8.65 lakhs – Interference: Held: Minor child who suffers death or permanent disability in a motor vehicle accident, cannot be placed in the same category as a non-earning individual for assessing the amount of compensation – In such a case, the computation of compensation under the head of loss of income ought to be made by adopting, the minimum wages payable to a skilled workman as notified for the relevant period in the respective State where the cause of action arises – Prevailing minimum wages, for the skilled ones, in the year of accident-2012, in Gujarat would be Rs.227.85p. per day, thus, the income of the appellant is determined as Rs.6,836 per month, rounding off – As regards the assessment of disability suffered by the appellant, taking into account the direct correlation between the injuries sustained and the consequent loss of permanent functional disability suffered by the appellant, the finding of the High Court that the permanent functional disability stands rightly fixed at 90% – To award just and fair compensation, the compensation towards other pecuniary heads enhanced in accordance with the settled principle of law – On basis thereof, compensation enhanced to Rs.35,90,489/-, with interest @ 9% pa on the amount to be paid, from the date of filing of the claim petition – Impugned award passed by the High Court stands modified – Since the law had been amply clarified well before the order of the tribunal was made, by this Court in Kajal’s case, the appeals to the High Court as well as to this Court were entirely avoidable – Both the Courts duty-bound to keep abreast with the law as clarified by this Court, ensuring that the judgments and orders passed by them are entirely in order therewith – Furthermore, Insurance company/contesting party to furnish before the tribunal the schedule of minimum wages payable to a skilled worker, in cases where the income of the claimant/deceased not been properly established – Precedent. [Paras 9-18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.