Point of Law: Multiplier is normally adopted depending on an estimate of longevity of injured.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. This case presents a text book example of how a careless road accident can destroy people and families.

2. On 19.04.2014, when little Amaah Feram - who was just one year old - was travelling along with her mother in a car, it was rammed into by the offending pick-up van, which was travelling in the opposite direction, driven in a rash and negligent manner. The aftermath of the injuries suffered by little Amaah Feran is such that it has left her in a vegetative state ever since; and by the way things are now presenting, her condition may not improve. She, along with her mother, filed OP (MV) No. 1444/2014, before the Motor Accidents Claims Tribunal, Kollam (hereinafter referred to as ‘the Tribunal’ for short), seeking compensation of an amount of Rs. 50,00,000/- but which has been awarded only to a sum of Rs. 20,72,445/-.

3. The appellants assail the compensation awarded by the learned Tribunal as being woefully inadequate, particularly because little Amaah Feram requires full time assistance and is surviving with the aid of several life-preserving articles including diapers, catheters and such other.

4. Smt. Sumathi Dandapani, learned Senior Counsel, instructed by Sri. Millu Dandapani - learned counsel for the appellants, passionately submitted that no amount would be sufficient to obtain full solace to the appellants, particularly little Amaah Feram. She submitted that when Amaah Feran should be running around like a happy child, she is confined to bed, without any ability to move on her own, or even to take care of her basic needs; and that this is now such a strain on the family that her father, who was employed abroad, has returned to take care of her. She submitted that, therefore, the compensation awarded by the Tribunal under the heads ‘Loss of Amenities’ and ‘Pain and Suffering’ is totally inadequate; adding that same under the head ‘Disability’ also requires to be escalated substantially.

5. Sri. N.S. Najeeb - learned Standing Counsel for the Insurance Company, on the other hand, submitted that, not only has the Tribunal acted in a fair manner while awarding compensation, it has, in fact, offered much more than what is really eligible because the notional income of Amaah Feram has been reckoned to be Rs. 5,000/- per month. He then added that, going by the various judgments of the Hon’ble Supreme Court, the maximum annual income that could have been taken in the case of a one year old child would not be more than Rs. 30,000/- or so, and thus prayed that this Appeal be dismissed. He concluded saying that, in any event, the condition of little Amaah Feran must have improved by this time and therefore, that no escalation of compensation is now warranted.

6. I have considered the afore rival submissions on the touchstone of the evidence on record - copies of which have been handed over across the Bar by the learned counsel for the parties with the express consent that it can be acted upon by this Court without dispute.

7. As I have prefatorily said, the fate of little Amaah Feran is, in fact, worse than death. For the last nearly nine years, she has been confined to bed and has been living a vegetative life, with constant attention required on a 24 x 7 basis. The strain this must cause on her mother and other family members, can never be understated; though it is without doubt that any mother would happily accept the said responsibility without any demur.

8. As I have indited above, Smt. Sumathy Dandapani - learned Senior Counsel, submits that the father of little Amaah Feran has now been forced to return to India to take care of her and obviously, the income of the family must have also been substantially prejudiced.

9. In the afore perspective, when I examine the medical evidence produced by the appellant, little Amaah Feran still has seizures and is required to be often put on ventilatory support and resuscitated, along with administration of Anti-Epileptics. Ext.A4 - Wound Certificate, read a