2022 Supreme(SC) 294

SUPREME COURT OF INDIA
(From the High Court of Karnataka at Bengaluru)
HEMANT GUPTA, V. RAMASUBRAMANIAN, JJ.
Master Ayush - Appellant
Versus
The Branch Manager, Reliance General Insurance Co. Ltd. & Anr. - Respondents
Civil Appeal Nos. 2205-2206 of 2022 (Arising Out of SLP (Civil) Nos. 7238-39 of 2021)
Decided On : 29-03-2022

IMPORTANT POINT
Injury in accident – Loss of marriage prospects would also be required to be awarded where child victim has not only lost his childhood but also his adult life.

Headnote:

Motor Vehicles Act, 1988 – Sections 168 and 173 – Injury in accident – Minor victim – Grant of just compensation – High Court awarded compensation of Rs.13,46,805/-, as against Rs. 18,24,000/- awarded by Tribunal – Appellant was aged about 5 years as on date of accident – He has lost his childhood and is dependent on others for his routine work – Determination of damages in personal injury cases is not easy – Mental and physical loss cannot be computed in terms of money but there is no other way to compensate victim except by payment of just compensation – In view of physical condition, appellant is entitled to one attendant for rest of his life though he may be able to walk with help of assistant device – Device also requires to be replaced every 5 years – It is reasonable to award cost of 2 devices i.e., Rs.10 lakhs – Appellant has not only lost his childhood but also adult life – Loss of marriage prospects would also be required to be awarded – No compensation is warranted to be payable under heading “food and nourishment or towards loss of childhood” as it stands subsumed in compensation assessed under other different heads – Amount of compensation enhanced to Rs. 49,93,000/- alongwith 7.5% interest. (Paras 12, 13 and 14)

Facts of the case:

Present appeal has been preferred by a 5 years’ old victim of road accident which occurred on 21.9.2010, challenging the order of High Court dated 7.9.2020 awarding a compensation of Rs.13,46,805/-, as against Rs. 18,24,000/- awarded by Motor Accident Claims Tribunal. Grievance is with respect to the inadequate amount of compensation on account of the injuries suffered by the appellant. The appellant is a paraplegic patient.

Findings of Court:

Amount of Rs.10,00,000/- would be disbursed to the father of the appellant as his guardian. If however, an amount more than Rs.10,00,000/- has already been disbursed, the said amount shall not be adjusted. The rest of amount would be invested in one or more Fixed Deposits Receipts so as to attract the maximum rate of interest. The interest amount shall be payable to the guardian of the appellant every month. It shall be open to the guardian, during the minority of the appellant, to seek orders for withdrawal of the amount on the basis of medical opinion, if any major medical expenses are required to be incurred.

Result : Appeal allowed with costs.