Case Note & Summary
The appellant, a minor girl aged less than 12 years, suffered 75% permanent disability (severe hemiparesis in left upper and lower limbs) in a road accident on 13.04.2013. Her father filed a claim petition before the Motor Accident Claims Tribunal, Guwahati, which awarded ₹5,59,771/- with interest at 7.5% per annum. On appeal, the Gauhati High Court enhanced the compensation to ₹18,97,371/- by adopting minimum wages for unskilled labour (₹169 per day) and applying a multiplier of 15, but did not add future prospects. The appellant further appealed to the Supreme Court claiming higher compensation. The Supreme Court allowed the appeal, holding that the notional income should be based on minimum wages for skilled workman (₹175 per day as per Assam Government notification), resulting in monthly income of ₹5,250/-. Applying the multiplier of 15, loss of earnings was computed at ₹9,45,000/-. Additionally, 40% future prospects were added (₹3,78,000/-). Attendant charges for lifetime were awarded at ₹9,00,000/- (₹5,000 per month x 12 x 15). Future medical treatment was enhanced to ₹5,00,000/-. The amounts for pain, suffering and loss of amenities (₹3,00,000/-), loss of marriage prospects (₹3,00,000/-), and medical expenses (₹84,771/-) were upheld. Total compensation was fixed at ₹34,07,771/- with interest at 7.5% per annum from the date of claim petition till deposit. The amount was directed to be kept in fixed deposits with monthly interest disbursed to the appellant or her father.
Headnote
A) Motor Accident Compensation - Child Victim - Notional Income - Minimum Wages - For a school-going child victim, notional income should be based on minimum wages for a skilled workman, not unskilled labour, as per the notification of the State Government. (Paras 8-9) B) Motor Accident Compensation - Loss of Future Prospects - 40% Addition - In cases of permanent disability to a child, 40% of the notional monthly income must be added towards future prospects, following the precedent in Kajal v. Jagdish Chand. (Para 8) C) Motor Accident Compensation - Attendant Charges - Multiplier Method - Attendant charges for a permanently disabled child should be computed using the multiplier method, with monthly expense of ₹5,000 per attendant, as held in Kajal v. Jagdish Chand. (Para 8) D) Motor Accident Compensation - Future Medical Treatment - Enhancement - Given the nature of permanent disability (75% hemiparesis), future medical expenses are enhanced to ₹5,00,000 from ₹3,00,000 awarded by the High Court. (Para 8) E) Motor Accident Compensation - Pain, Suffering, Loss of Amenities and Marriage Prospects - The amounts of ₹3,00,000 each for pain, suffering and loss of amenities and for loss of marriage prospects are just and require no interference. (Para 8)
Issue of Consideration
Whether the compensation awarded by the High Court to a minor child with 75% permanent disability was just and proper, and what heads and amounts should be included.
Final Decision
The Supreme Court allowed the appeal and enhanced the compensation to ₹34,07,771/- with interest at 7.5% per annum from the date of claim petition till deposit. The amount was directed to be kept in fixed deposits with monthly interest disbursed to the appellant or her father.
Law Points
- Compensation for child victims
- notional income based on minimum wages
- loss of future prospects
- attendant charges
- multiplier method
- permanent disability assessment
