Compensation for minors in motor vehicle accidents must consider future prospects and non-pecuniary damages, not just structured formulas.

ORDER :

Heard on I.A.No.5989/2023 application for deleting name of respondents No.1 and 2 from the memo of appeal as both have expired.

Learned counsel for respondent No.3 has no objection.

After due consideration, I.A.No.5989/2023 is allowed at the risk and cost of the appellant and it is directed that the word ‘Dead’/*e`r* be written next to the name of respondents No.1 and 2 in the cause-title.

Let the correction be carried out by the appellant during course of the day.

Accordingly, I.A.No.5989/2023 is disposed of.

Also Heard on I.A.No.15911/2021 application for condonation of delay of 196 days in filing the appeal.

Considering the averments mentioned in the application which is supported by affidavit I.A.No.15911/2021 is allowed and delay in filing of the appeal is hereby condoned.

Accordingly, I.A.No.15911/2021 is disposed of.

Heard on the admission.

Admit.

With the consent of parties, heard final arguments.

The appellant/claimant has filed this Appeal under Section 173(1) of the Motor Vehicles Act, 1988 for enhancement of the compensation amount being aggrieved with the award dated 25.01.2021 passed by Motor Accident Claims Tribunal, Sehora District Jabalpur in Claim Case No.85/2018, by which the learned Claims Tribunal awarded a total sum of Rs.4,29,108/- (Four lakhs twenty nine thousand one hundred and eight) with 6% interest to the appellant/claimant by way of compensation for the injuries, which he has sustained in a motor vehicle accident.

2. According to claimant i.e. appellant herein, the compensation awarded by the learned Claims Tribunal is on lower side and hence, need to be enhanced.

3. Since, this appeal is for the enhancement in the compensation amount awarded by the Claims Tribunal, hence the question that arises for consideration is whether any case for enhancement in compensation awarded by the learned Claims Tribunal on facts and evidence adduced, is made out and if so to what extent?

4. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of appellant/claimant by the Tribunal. Secondly, the findings though recorded in claimant's favour are not under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of filing an appeal or cross-objection. In this view of the matter, there is no justification to burden this order by detailing facts on all these issues.

5. The learned Claims Tribunal has awarded a total sum of Rs.4,29,108/- (Four lakhs twenty nine thousand one hundred and eight), breakup of which is as under :

6. Learned counsel for the appellant submitted that the learned tribunal has assessed only 50% permanent disability, although the Medical Board has issued disability certificate Ex.P-56 in which it is mentioned that the appellant sustained 70% permanent disability. Learned counsel for the appellant further submitted that the Claims Tribunal has awarded Rs.4,00,000/- in lumpsum towards loss of income keeping in view the law laid down by Hon’ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, The National Insurance Co. Ltd. (2014) 14 SCC 396, which is on lower side looking to the nature of injuries sustained by appellant in the alleged incident.

7. Learned counsel further submitted that the learned Tribunal has not assessed the future loss of income, which should be assessed keeping in view the law laid down by Hon’ble Apex in the case of National Insurance Company Ltd. vs. Pranay