The quantum of compensation in motor vehicle accident cases involving minors with permanent disability should be assessed considering their future life expectations and the need for future medical treatment and attendant charges.

ORDER :

B. P. ROUTRAY

1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dey, learned counsel for the claimant- Appellant and Mr.Roy, learned counsel for Insurer-Respondent No.1.

3. Present appeal by the claimant is directed against the judgment dated 16^th April, 2022 of the 2^nd Addl. District Judge- cum-3^rd MACT, Cuttack, in M.A.C. Case No.572 of 2015, wherein compensation to the tune of Rs.30,12,960/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injuries sustained by the claimant in the motor vehicular accident on 16^th June, 2015.

4. The Insurer-Respondent No.2 has also filed cross- appeal challenging the impugned judgment.

5. The injured-claimant is a minor girl and at the time of accident she was only six months old. She sustained with permanent disability to the extent of 90%, i.e. Post Trauma Myelopathy with Paraplegia. The Tribunal granted total compensation of Rs.30,12,960/- on the following counts:

6. No dispute is raised at the Bar with regard to negligence aspect and liability of the Insurer. The only dispute is with regard to quantification of compensation amount. According to Mr.Roy, learned counsel for the Insurer, the notional income at Rs.6,000/- per month has been taken at a higher side, which should be restricted to Rs.3,000/- per month. He further submits that the multiplier should be 15 instead of 18, since the injured was a minor non-earning person.

7. On the other hand, Mr. Dey, learned counsel for the claimant prays for enhancement of the compensation amount on the ground that no amount towards future attendant cost has been granted and further, lessor amount towards marriage prospects and future medical treatment cost has been granted.

8. With regard to the first ground raised by Mr.Roy to reduce notional income of the injured, it is to be mentioned here that in terms of the principles settled in the case of Laxmi Devi and Others v. Mahammad Tabbar and Another, 2008 (2) TAC 394 and Lata Wadhwa, (2001)8 SCC 197, the assessment of notional income of the injured at Rs.6,000/- by the Tribunal is found just and appropriate. So no need is there to interfere with the same. However, the right multiplier factor in terms of Second Schedule of the M.V. Act should be 15 and not 18. Accordingly, the compensation amount is liable to be reduced by Rs.2,72,160/- i.e. the loss of future earning is determined at Rs.13,60,800/-.

9. The injured is a minor girl having date of birth on 19^th December, 2014, whereas the date of accident is 16^th June, 2015. The unfortunate parents treated her in several hospitals including Ashwini Hospital, Apollo Hospital, NIMS, AIIMS, etc. They have tried their best to remove all disabilities of their minor child. However, as per the disability certificate under Ext.35, she suffered with such permanent disability of Post Trauma Myelopathy with Paraplegia and according to the opinion of the doctors Viz. P.W.3, 4 & 7, the disability shall be there forever during her lifetime and she would not be able to discharge her normal day today function and she will be in need of attendant.

10. Considering the socio-economic background of the parents of the minor child and excepted life span, a further amount of Rs.15,00,000/- is directed to be paid to her towards loss of future life expectations including marriage prospects and amenities. A further sum of Rs.2,00,000/- towards future medical treatment and Rs.1,00,000/- towards future attendant charges should also be granted. As such, the claimant is found entitled for a further enhanced amount of Rs.15,27,840/-. Ac