IMPORTANT POINT
The court established that the notional income for a minor in a motor accident claim must reflect just compensation, emphasizing the application of the multiplier system for calculating damages related to permanent disability.

JUDGMENT :

1. The vexed question has come up again before this Court. What should be the notional income of a minor, aged 5 years, in a Motor Accident Claim? The accident took place in the year 2016 and for 8 years, the child has been in a paraparesis state. No amount of compensation can give back the child his childhood. Still the insurance company contends that the compensation awarded is highly disproportionate to the claim. On behalf of the minor, the father is aggrieved by the insufficiency of the compensation awarded.

2. The object of an award of damages is to give the plaintiff compensation for the damage, loss or injury. The statement of general rule from which one must always start in resolving a problem as to the measure of damages. A rule equally applicable to tort and contract has its origin in the speech of Lord Blackburn in Livingstone Vs. Rawyards Coal Co. (1880) 5 App Cases 25. He there defined the measure of damages as “that sum of money which will put the party who has been injured or who has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting compensation or reparation” This statement has been consistently referred to or cited as approval or restated in similar language. Keeping in mind the above principles, this Court proceeds towards consideration of the issues raised in the appeal.

3. The succinctly stated facts for disposal of the appeal is as follows:

Jyothis Raj Krishna, a 5 year old boy studying in U.K.G. who had just started his bubbling life was walking with his family members on 03.12.2016 along the northern side road margin of Muvattupuzha - Ernakulam NH from east to west, met with a devastating accident which was about to change the rest of his life. The offending vehicle, a car bearing Registration No. KL-44-A-3243 driven by the 1st respondent in a rash and negligent manner came and hit the appellant. Though, immediately after the accident, the boy was taken to the Medical College Hospital, Kolenchery and then referred to Amritha Hospital, he could not get up thereafter. As a result of the accident, he is still lying in a vegetative state. Claiming compensation under various heads, the claimant/appellant, through his father, approached the Motor Accidents Claims Tribunal, Muvattupuzha in O.P. (MV) No. 588 of 2017.

4. On behalf of the claimant/appellant Exts.A1 to A9 were produced. The respondents did not produce any evidence. However, the insurance company disputed the claim on various grounds. The claimant was referred to the Medical College Hospital, Kottayam in order to assess the disability. Ext.C1 dated 13.11.2019 is the disability certificate issued from the Government Medical College Hospital, Kottayam. The Medical Board assessed the disability at 77%. Based on the disability, the tribunal proceeded to consider the claim and fixed the notional income of the minor at Rs. 8,000/- per month and awarded the following compensation: