Case Note & Summary
The case involves two appeals arising from a motor accident claim. The claimant, K. Koushik, a minor aged 18 years, suffered grievous injuries in a road accident on 30.05.2009. He filed a claim petition before the MACT, Kudligi, seeking compensation. The Tribunal partly allowed the claim and awarded Rs. 3,66,000/- with interest at 6% per annum. Dissatisfied with the quantum, the claimant filed MFA No. 20275/2011 seeking enhancement. The Insurance Company filed MFA No. 21043/2011 challenging the award. The High Court considered the issue of the correct multiplier for computing loss of future earning capacity. The Tribunal had applied multiplier 15 based on the age of the father (claimant), but the High Court held that the multiplier should be based on the age of the injured, i.e., 18 years, and applied multiplier 18 as per Sarla Verma v. Delhi Transport Corporation. The Court also enhanced compensation under various heads: pain and suffering from Rs. 30,000 to Rs. 50,000; loss of amenities from Rs. 10,000 to Rs. 20,000; attendant charges, conveyance, and nourishment each from Rs. 10,000 to Rs. 15,000. Medical expenses of Rs. 1,00,000 were maintained. The total compensation was enhanced to Rs. 5,76,000. The Insurance Company's appeal was dismissed. The Court directed the Insurance Company to deposit the enhanced amount with interest.
Headnote
A) Motor Accident Compensation - Multiplier for Minor Injured - Loss of Future Earning Capacity - The multiplier should be based on the age of the injured person, not the age of the claimant. In this case, the injured was a minor aged 18 years, and the multiplier of 18 was applied as per Sarla Verma case. The Tribunal had erroneously applied multiplier of 15 based on the age of the father (claimant). Held that the multiplier must be determined with reference to the age of the injured. (Paras 6-8) B) Motor Accident Compensation - Pain and Suffering - Minor Injured - The Tribunal awarded Rs. 30,000/- for pain and suffering. The High Court enhanced it to Rs. 50,000/- considering the nature of injuries and the fact that the injured was a minor. (Para 9) C) Motor Accident Compensation - Loss of Amenities - Minor Injured - The Tribunal awarded Rs. 10,000/- for loss of amenities. The High Court enhanced it to Rs. 20,000/-. (Para 9) D) Motor Accident Compensation - Medical Expenses - The Tribunal awarded Rs. 1,00,000/- towards medical expenses. The High Court maintained the same as it was supported by medical bills. (Para 9) E) Motor Accident Compensation - Attendant Charges, Conveyance, and Nourishment - The Tribunal awarded Rs. 10,000/- each for attendant charges, conveyance, and nourishment. The High Court enhanced each to Rs. 15,000/-. (Para 9)
Issue of Consideration
Whether the multiplier for computing loss of future earning capacity in case of a minor injured should be based on the age of the injured or the age of the claimant?
Final Decision
MFA No. 20275/2011 allowed in part; compensation enhanced from Rs. 3,66,000 to Rs. 5,76,000. MFA No. 21043/2011 dismissed. Insurance Company directed to deposit the enhanced amount with interest at 6% per annum from the date of petition till deposit.
Law Points
- Motor Accident Compensation
- Multiplier for Minor Injured
- Section 173(1) MV Act
- 1988
- Enhancement of Compensation
