K.A.ABDUL GAFOOR, R.BASANT
National Insurance Company Ltd. – Appellant
Versus
Muneer – Respondent
Basant, J.
The insurer is the appellant. The insurer is aggrieved by the quantum of compensation paid to the claimants. The claimants are the father, mother and brother of a child aged about 4 years. The Tribunal had awarded a total amount of Rs.1,50,000 as compensation. It is submitted at the bar that the requisite leave under Section 170 of the Motor Vehicles Act was given to the insurer by the Tribunal.
2. The quantification of the compensation payable for the loss suffered by the parents of a minor child has been one of the vexing problems of law. There are so many imponderables. In the instant case the child was aged about 4 years. It is too early an age to ascertain the potentials of the child. It is too early to assess the capabilities, special skills etc. of the child. How then is the compensation to be assessed? The multiplier method is not a very safe one in such a case, it is trite. Reliance was placed on the decision reported in United India Insurance Co.Ltd. v. Ajith (2002(3)KLT 330) in support of the proposition that the multiplier method is not a safe method and that only a global amount is payable.
3. The decision reported in 2002(3)KLT330 may not be of any
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