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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE C.PRATHEEP KUMAR, J
Sumisha (Minor) – Appellant
Versus
Shaji P.Y. – Respondent
JUDGMENT :
Kumari Sumisha, a minor girl aged 7, who suffered 70% neurological disability and 70% orthopedic disability, whose four limbs are function-less because of the injuries sustained in a motor vehicle accident that occurred on 30.7.2006 and who has been admitted in an orphanage as she lost her parents in the meantime, is before this Court in appeal, being dissatisfied with the quantum of compensation awarded by the Tribunal.
2. On 30.7.2006 at about 10.00 a.m., while the child was going through the western side of Kuttanellur-paliakkara NH bypass, a car bearing registration No.KL07/BC-5811 driven by the 2nd respondent in a most rash and negligent manner and in high speed, hit her down and as a result of which she sustained severe head injury. The child was rushed to the Jubilee Mission hospital, Thrissur and was treated as inpatient for a total period of 77 days. The 1st respondent is the owner and 3rd respondent is the insurer of the offending motor vehicle.
3. The 3rd respondent insurer filed a written statement admitting the accident and valid insurance policy. However, it was contended that the vehicle did not have valid permit and fitness certificate. It was also contended
The court emphasized that compensation for a minor victim of a motor vehicle accident must be just and reasonable, reflecting the severity of injuries and lifelong dependency, irrespective of prior a....
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 relat....
The court established that for minors, compensation for injuries must follow established judicial precedents for assessing disability and notional income based on minimum wage guidelines.
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
The assessment of compensation must reflect the unique circumstances of child victims and consider all factors including pain, suffering, and future medical needs.
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.
The court established that compensation for minors must account for permanent disability and future earnings, advocating calculator methods based on minimum wage laws and appropriate multipliers.
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