LexBABY SAKSHI GREOLA versus MANZOOR AHMAD SIMON AND ANOTHER
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[2024] 12 S.C.R. 958 : 2024 INSC 963 Baby Sakshi Greola v. Manzoor Ahmad Simon and Another (Civil Appeal No. 14290 of 2024) 11 December 2024 [B.R. Gavai* and K.V. Viswanathan, JJ.] Issue for Consideration Appellant (a minor at the time of the accident) sustained grievous injuries and suffered disability and moderate mental retardation. MACT awarded compensation of Rs.5,90,750/- with interest at 7.5% per annum from the date of filing of the claim petition. High Court granted a further amount of Rs.5,60,000/- with interest at 9% per annum from the date of filing till realization. Appellant sought further enhancement of the compensation. Headnotes† Motor Vehicle Accident – Appellant sustained grievous injuries in a road traffic accident when she was 7 years old and suffered disability and moderate mental retardation – Compensation awarded – Enhancement of: Held: Even though the Doctor (PW-3) on assessment of the appellant opined that the disability suffered by her was 75%, however, the disability of the appellant should be treated to be 100% for all practical purposes – Taking notional income is not the correct approach – Instead, the minimum wages payable to a skilled workman in the concerned State has to be taken into consideration because, that would be the minimum amount which the appellant would have earned on becoming a major – The minimum wage payable to a skilled workman in the State of Delhi at the time of the accident, i.e. 02.06.2009, was Rs. 4,358/- per month – To arrive at the compensation to be awarded under the head of loss of income and earnings due to disability, 40% added for future prospects and a multiplier of 18 applied in view of the age of the appellant – Therefore, the compensation under loss of income/earning capacity would be Rs. [4,358 + (40% of 4,358)] x 12 x 18 = Rs.13,17,859/-, rounded off to Rs. 13,18,000/- – Further, the appellant will remain dependant on another person * Author [2024] 12 S.C.R. 959 Baby Sakshi Greola v. Manzoor Ahmad Simon and Another for the rest of her life even though the physical age will increase, but her mental age will be that of a child studying in the 2nd Standard/Class – High Court only enhanced the compensation under the head of pain and suffering from Rs.50,000/- as awarded by the Tribunal to Rs.1,00,000/- which is not commensurate to the impact the unfortunate accident has on the appellant and her family – In the peculiar facts and circumstances of the case, compensation of Rs.15,00,000/- award under the head of pain and suffering – Also, the compensation awarded under the head of loss of marriage prospects by the High Court is inadequate and is enhanced to Rs. 5,00,000/- – Rs.9,42,000/- awarded under the head of attendant charges as the appellant would be dependent on a skilled attendant throughout her life and on a full-time basis – Compensation awarded under Future Medical Treatment enhanced to Rs.5,00,000/- as the appellant would be requiring medical assistance in the form of medicines, diapers, etc. to live a relatively comfortable life – Impugned judgment quashed and set aside – Total compensation of Rs. 50,87,000/- with 9% rate of interest awarded. [Paras 27, 29, 31, 33, 38, 40, 43, 46, 48, 49, 51, 53] Case Law Cited National Insurance Company Limited v. Pranay Sethi and Others 2017 INSC 1068 : [2017] 13 SCR 100 : (2017) 16 SCC 680 – followed. Kajal v. Jagdish Chand and Others, 2020 INSC 135 : [2020] 3 SCR 622 : (2020) 4 SCC 413; Master Ayush v. Branch Manager, Reliance General Insurance Company Limited and Another, 2022 INSC 363 : [2022] 1 SCR 831 : (2022) 7 SCC 738; K.S. Muralidhar v. R. Subbulakshmi and Another, 2024 INSC 886 : 2024 SCC OnLine SC 3385; General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs.) and Others (1994) 2 SCC 176 – relied on. List of Acts Motor Vehicles Act, 1988. List of Keywords Motor vehicle accident; Road traffic accident; Compensation; Enhancement; Minor at the time of the accident; Grievous 960 [2024] 12 S.C.R. Supreme Court Reports injuries; Moderate mental retardation; Disability; 100% disability; Disability Certificate; Mental disability; Physical disability; Multiplier; Dependent; Minimum wages; Skilled worker; Notional income; Loss of income and earning capacity; Future prospects; Physical age; Mental age; Child studying in the 2nd Standard/Class; Pain and suffering; Loss of marriage prospects; Marriage/companionsh
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