Courts must ensure adequate compensation for minors with permanent disabilities, considering future earnings loss and emotional suffering.

ORDER :

1. The present appeal has been preferred by a 6-year old girl who met with an accident on 19.04.2012 in front of Abiruchi Family Restaurant, Kudithini. The appellant was going back home by foot from the flour mill along with her mother when a lorry bearing No. KA-34/A3719 dashed against the appellant. The lorry ran over the legs of the appellant and she suffered fracture of 9th rib and femur, and dislocation of temporal head. On account of the injuries, her right leg had to be amputated and there is also a loss of right lower limb with half of pelvis affecting her private parts as well.

2. The learned Tribunal awarded a compensation of Rs. 8,09,000/- but the High Court in appeal enhanced it to Rs. 13,65,000/- along with interest at the rate of 6% on the enhanced amount.

3. Learned counsel for the appellant relied upon an order passed by this Court in Kajal vs. Jagdish Chand and Others , (2020) 4 SCC 413 as well as judgment of this Court in Master Ayush vs. Branch Manager, Reliance General Insurance Co. Ltd. Civil Appeal No. 2205-2206 of 2022 decided on 29.3.2022 to contend that keeping view the injuries suffered, the amount of compensation is wholly inadequate. The High Court returned the following finding:

“Since the petitioner is a minor girl and there is no future prospects of she being getting married with any other because of the reason that her left leg has been amputated up to left thigh level, even her private part has also been affected due to the accidental injuries as and when she grows, that physic is also going to grow and her feelings are also going to change by seeing the fellow colleagues of her own age. Then under such circumstances, we are of the considered opinion that throughout the life till her death she has to suffer unmarried......”

4. Learned counsel for the appellant has produced the photographs of the appellant which shows the extent of loss of limb and the consequent psychological, emotional and physical pain which the appellant would suffer for rest of her life. In fact, the other leg may not be able to support the appellant, when she grows. This Court in Ayush was considering a case of an accident of 5-year-old child wherein this Court determined compensation on account of loss of future earnings on the basis of minimum wages due to permanent disability for life, loss of future prospects, medical expenses and pain and suffering.

5. The minimum wages in the State of Karnataka on the date of accident were Rs. 4,320/- per month as per the Notification No. KAE 79 LMW 2005 dated 17.03.2006, published in Gazette dated 19.02.2007. The wages as per the notification are as under:

“Minimum wages and VDA from 01-04-2012 to 31-03-2013

SCHEDULE

6. The future prospectus would be 40% in view of National Insurance Company Limited vs. Pranay Sethi and Others , (2017) 16 SCC 680. Thus, the compensation works out to be Rs. 4320/- plus 40%, amounting to Rs. 6,048/- per month. The appellant will not be able to use any artificial limb and would always have to depend for her daily course and as she grows, she would suffer mor