Summary
The Supreme Court enhanced compensation for a girl rendered permanently dependent by catastrophic brain injuries in a road accident to ₹62,27,000, with 7.5% interest from the claim petition. Compensation included assessed future earnings, two lifelong attendants, pain and loss of amenities, future treatment and loss of marriage prospects. The Court prescribed protective deposits and permitted an award exceeding the amount claimed, particularly for a minor.
Issues
- How just compensation should be assessed for a child left with profound permanent disability and lifelong dependence.
- Whether interest on enhanced compensation should run from the claim petition and how the award should be protected.
Provisions considered
- Section 171, Motor Vehicles Act, 1988Interest on the enhanced award ordinarily runs from the claim petition; a different starting point requires reasons, including claimant-caused delay where applicable. (¶¶ 31, 32)
Held
- Compensation must address both financial loss and the actual loss of enjoyment and independence. The exceptional gravity of the child’s injuries justified ₹15 lakh for pain, suffering and loss of amenities, rather than applying a conventional figure mechanically. (¶¶ 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 26, 27)
- Future earnings were assessed using the relevant skilled minimum wage, adding 40% for future prospects and applying multiplier 18, yielding ₹14,66,000. The circumstances did not justify limiting the child to a conventional notional annual income. (¶ 20)
- The lifelong need for two attendants warranted ₹21,60,000, calculated at ₹5,000 per attendant monthly using multiplier 18. Gratuitous family care does not relieve the wrongdoer of liability; ₹51,000 separately covered family attendance and related expenses during hospitalisation. (¶¶ 21, 22, 23, 24, 25)
- Medical and transport expenses warranted ₹2,50,000 despite gaps in individual bills supported by the treatment record. Further awards were ₹3 lakh for loss of marriage prospects and ₹5 lakh for future medical treatment. (¶¶ 19, 28, 29)
- Just compensation can exceed the amount claimed, especially where the claimant is a minor. The total was ₹62,27,000 with 7.5% interest from the claim petition, adjusting sums already paid; the unchallenged direction permitting the insurer to recover from the owner continued. (¶¶ 31, 32, 33)
- The enhanced sum must be deposited within three months and placed in a five-year renewable fixed deposit. Quarterly interest is to fund the claimant’s care through her father; the guardians may seek release for special medical needs. (¶¶ 30, 34)
Result
Appeal disposed of by enhancing compensation to ₹62,27,000 with 7.5% interest from the claim petition, subject to adjustment of prior payments and the specified deposit and care safeguards. No order as to costs; pending applications disposed of.