Case Note & Summary
The appellant, a minor aged 8 years, through his father and next friend, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 05.01.2009 passed by the Civil Judge (Sr.Dn.) & MACT, Haveri, in MVC No.183/2006. The Tribunal had awarded Rs. 1,51,250/- with interest at 6% p.a. from the date of petition till realisation. The claimant sought enhancement of compensation. The facts reveal that on 24.09.2004, at about 2:45 p.m., the claimant was walking with his father on the left side of Savanur-Gadag road in Yalavigi when a Government Jeep bearing No.CAG-4706, driven rashly and negligently, hit the claimant, causing grievous injuries to his head and right foot, leading to amputation of the right foot. The claimant was hospitalised and underwent surgeries. The Tribunal assessed permanent disability at 70%. The High Court considered the evidence and submissions. The appellant argued that the compensation was inadequate, while the respondents supported the award. The Court analysed the heads of compensation: pain and suffering, loss of amenities, medical expenses, future medical expenses, and loss of future income due to disability. The Court held that the notional income of Rs. 15,000/- per annum was appropriate for a minor, and applying multiplier 15, the loss of future income was calculated. The Court enhanced the compensation to Rs. 3,00,000/- with interest at 6% p.a. from the date of petition till realisation, directing the respondents to deposit the enhanced amount within six weeks.
Headnote
A) Motor Vehicles Act, 1988 - Compensation for Grievous Injuries - Permanent Disability - The claimant, a minor, sustained grievous injuries including head injury and amputation of right foot resulting in 70% permanent disability. The Tribunal awarded Rs. 1,51,250/-. The High Court enhanced compensation to Rs. 3,00,000/- considering pain and suffering, loss of amenities, medical expenses, and future medical expenses. Held that the compensation should be just and reasonable, not excessive. (Paras 1-10) B) Motor Vehicles Act, 1988 - Notional Income for Minor - Multiplier Method - For a minor claimant, notional income of Rs. 15,000/- per annum was considered appropriate. Applying multiplier of 15, loss of future income due to disability was calculated. Held that the multiplier method is applicable for computing loss of future earnings. (Paras 8-9) C) Motor Vehicles Act, 1988 - Pain and Suffering - Loss of Amenities - The claimant suffered amputation of right foot and head injury, requiring multiple surgeries and causing permanent disability. The High Court awarded Rs. 50,000/- for pain and suffering and Rs. 25,000/- for loss of amenities. Held that such heads are essential for just compensation. (Paras 7-8)
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the claimant is entitled to enhancement.
Final Decision
The appeal is allowed in part. The impugned judgment and award dated 05.01.2009 passed in MVC No.183/2006 is modified. The claimant is entitled to total compensation of Rs. 3,00,000/- with interest at 6% p.a. from the date of petition till realisation. The respondents are directed to deposit the enhanced amount of Rs. 1,48,750/- within six weeks from the date of receipt of a copy of this judgment.
Law Points
- Assessment of compensation for grievous injuries
- permanent disability
- pain and suffering
- loss of amenities
- medical expenses
- future medical expenses
- notional income for minor
- multiplier method
