Summary
A child rendered paraplegic in a road accident challenged reduction of compensation. The Court assessed future earnings using applicable skilled-worker minimum wages, added future prospects and provided for lifelong assistance, replacement mobility devices and other losses. It enhanced compensation to Rs.49,93,000 with 7.5% interest from the claim application, prescribed safeguards for the minor’s award and allowed the appeals with costs throughout.
Issues
- How compensation should reflect a young child’s permanent disability, future earnings and lifelong care needs.
- What disbursement safeguards should govern the enhanced award.
Held
- The child’s prospective earnings were assessed using Karnataka’s applicable skilled-worker minimum wages, rounded to Rs.3,700 monthly, with 40% future prospects and multiplier 18. This yielded Rs.11,18,880 for loss of future earnings on the facts of this accident. (¶ 7-10)
- Possible mobility with an assistive device did not remove the need for lifelong attendant support. The Court awarded the cost of two replacement devices and attendant charges, while distinguishing the more extensive disabilities in Kajal. (¶ 11-13)
- Compensation had to address the child’s actual circumstances rather than supply token amounts. Taxi travel was appropriate given his condition and did not require production of numerous drivers; food, nourishment and childhood loss were not separately added where subsumed under the other awarded heads. (¶ 12-13)
- The rounded aggregate award was Rs.49,93,000, carrying 7.5% annual interest from the claim application until realisation. The award included medical expenses, mobility devices, pain and amenities, marriage prospects, attendant support and conveyance in addition to future earnings. (¶ 13-14)
- Rs.10 lakh was to be disbursed to the father as guardian, without adjusting a larger amount already disbursed. The remainder was to earn maximum fixed-deposit interest payable monthly to the guardian, with liberty to seek withdrawal for major medical expenses supported by medical opinion during minority. (¶ 15)
Result
Appeals allowed with costs throughout. Compensation enhanced to Rs.49,93,000 plus 7.5% annual interest from filing of the claim application until realisation, subject to the guardian-disbursement and fixed-deposit safeguards specified by the Court.