Case Note & Summary
The appellant, a minor aged about 4 years at the time of the accident on 27/02/2003, suffered serious injuries when the motorcycle on which he was pillion with his father was dashed by a crane. His left wrist was amputated and right thumb crushed, resulting in 70% permanent disablement. The claimant filed MACP No.31/2003 before the Motor Accident Claims Tribunal at Sangamner under Section 166 of the Motor Vehicles Act, 1988, seeking Rs.10,00,000/- compensation. The Tribunal awarded Rs.3,38,000/- with 9% interest, after deducting 20% for contributory negligence of the father. The claimant appealed for enhancement. The High Court held that the Tribunal erred in assessing compensation for a minor without applying the multiplier method. The court applied a notional income of Rs.15,000/- per annum (as per Second Schedule), multiplier of 15 (based on claimant's age), and 70% disability, arriving at Rs.1,57,500/- for loss of future income. Additionally, Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities, Rs.25,000/- for medical expenses, and Rs.10,000/- for special diet and conveyance were awarded, totaling Rs.3,42,500/- before contributory negligence deduction. After deducting 20% contributory negligence, the net compensation was Rs.2,74,000/-. However, since the Tribunal had already awarded Rs.3,38,000/- (which was higher), the appeal was dismissed as the claimant was not entitled to enhancement.
Headnote
A) Motor Accident Compensation - Minor Claimant - Permanent Disablement - Notional Income - Multiplier - The court considered the assessment of compensation for a 4-year-old child who suffered 70% permanent disablement including amputation of left wrist and crushing of right thumb - Held that notional income of Rs.15,000/- per annum and multiplier of 15 should be applied, and contributory negligence of 20% attributed to father was not interfered with (Paras 1-9).
Issue of Consideration
Whether the compensation awarded by the Tribunal for a minor claimant with 70% permanent disablement is just and proper, and whether the finding of contributory negligence against the father is sustainable.
Final Decision
The appeal is dismissed. The compensation awarded by the Tribunal is not interfered with as it is higher than the recalculated amount.
Law Points
- Assessment of compensation for minor with permanent disablement
- notional income for child
- multiplier based on age of claimant
- contributory negligence
- Motor Vehicles Act
- 1988
