When a legal principle is enunciated, it applies to all pending cases irrespective of the stage of pendency, provided the matter has not attained finality; thus, in motor accident claims for minors, compensation calculation must align with current binding precedents on notional income.

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.09.2016 PASSED IN MVC NO.1328/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

1. The present appeal seeks to challenge the award dated 08.09.2016 passed in M.V.C.No.1328/2014 by the learned Principal Senior Civil Judge and Additional MACT, Hassan (hereinafter referred to as the “Impugned Award”]. By the Impugned Award, a sum of Rs.4,44,000/- is granted along with interest at the rate of 6% per annum.

2. The brief facts are that, on 13.06.2014 at around 5.00 p.m., the minor appellant was walking on the left side of the road when a driver of a tractor trailer bearing registration No.KA-13-7341-7342 while driving in a rash and negligent manner hit the minor child. As a result of the accident, the minor child sustained grievous injuries to his legs and other parts of the body. The appellant was hospitalized in Hassan Government Hospital and thereafter was shifted to Father Muller Medical College Hospital, Mangalore. The appellant took treatment for a period of 20 days and more than Rs.2,00,000/- was spent towards the treatment.

3. The claim petition was filed before the Tribunal. The claim was contested by respondent No.2/Insurance Company. None appeared for respondent No.1/owner of the tractor trailer despite service and thus, he was proceeded with exparte.

4. Based on the pleadings of the parties, the following issues were framed:

“1. Whether the petitioner proves that he sustained injuries in a motor vehicle accident that took place on 13.06.2014 at about 5.00 p.m., on the left side of the road, Savanthanahalli village, due to rash and negligent driving of Tractor and Trailer bearing registration No.KA-13-7341-7342 being driven by its rider in an actionable negligence?

2. Whether the respondent No.2 proves that the driver of Tractor and Trailer bearing registration No.KA-13-7341-42 was not having valid and effective driving licence at the time of accident?

3. Whether the petitioner is entitled to compensation? If so, for what amount and from whom?

4. What order or award?”

5. The mother of the minor petitioner was examined as P.W.1 and the doctor who treated the petitioner was examined as C.W.1. The documents were also filed by the petitioner being marked as Exs.P1 to P11 as well as by the Court Commissioner C.W.1 being marked as Exs.C1 to C3.

6. The Tribunal after examining the evidence produced before it and based on the judgment in the case of Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited and Another¹(2014) 14 SCC 396, held that since the disability of the minor child is between 10% and 30% to the entire body, the petitioner is entitled to compensation in a sum of Rs.3,00,000/- under the head pain and sufferings already undergone and to be suffered in future, mental and physical hardship, inconvenience and discomforts and loss of amenities in life on account of permanent disability. In addition, the following amounts were also awarded: