In motor accident cases involving minors with permanent total disability, 'just compensation' requires realistic, lifelong assessment of medical, attendant, and functional loss based on skilled wage rates and the multiplier method, rejecting arbitrary time-bound limitations on essential care and suffering.

****

ARCHANA PURI, J.

These are two appeals, filed by the insurance company as well as the claimant, to question the adequacy of the compensation awarded by learned Motor Accident Claims Tribunal vide Award dated 19.01.2013, to Ashkara Jain, who had sustained injuries, in a motor vehicular accident.

FAO-2170-2013 has been filed by the insurance company, thereby, seeking reduction of the compensation awarded by learned Tribunal. FAO-2970-2013 has been filed by the injured-claimant through her father, thereby, calling upon for the enhancement of the compensation.

For the convenience of discussion, the parties are referred to as making appearance before learned Tribunal.

Suffice to consider that the accident had taken place on 05.06.2011. On appraisal of the evidence, brought on record, learned Tribunal had held the accident to have been caused, due to rash and negligent driving of car bearing registration No.HR-26AS-8929, driven by respondent No.1-Braham Singh and the same resulted into causing of severe and grave injuries to Ashkara Jain, who was 9 years old and student of 4th standard, at the relevant time.

The claim petition was filed through Anand Jain, father of minor injured Akshara Jain.

As per the claim, the accident in question had caused devastating injuries to Ashkara Jain, as a result whereof, she had suffered 100% permanent disability. She is in vegetative state with chances of improvement, being remote. In the claim petition, the detail of the injuries and the extent of hospitalization as well as the kind of treatment extended to Ashkara Jain has been given, but however, the same shall be referred to in the later portion of the judgment.

Anand Jain, father of the injured, stepped into witness box as PW-6, who deposed about the age of the claimant and kind of injuries sustained by her, in the accident in question, as a result whereof, she became completely bed ridden and was in persistent vegetative state and was unable to perform any activity, such as, to see, open mouth, cry, talk, smile, move etc., as her brain is not functional. The intake of food is also through PEG tube. Further also, the father deposed about the kind of minimum movement of body of the claimant and there being no cohere between various parts of the body.

Even further, the doctors associated in the treatment, have been examined, besides the witnesses, who proved the bills of the medical expenses incurred and also the doctor, who was member of the board of doctors, who assessed the disability of Ashkara Jain.

On appraisal of the evidence in entirety and limiting ‘future medical expenses’ of the claimant for a period of two years and also assessing ‘pain and suffering’ only qua this period, learned Tribunal had awarded compensation to the extent of Rs.78,10,000/-, as detailed in tabular form in paragraph No.64 of the impugned Award, is reproduced as herein given:-

The aforesaid ‘work on’ of the compensation, as per settled principle of law, do call for re-computation.

The Motor Vehicles Act is in the nature of social welfare legislation and its provisions make it clear that compensation should be ‘justly’ determined. A person therefore, is not only to be compensated for the injury suffered due to the accident, but on account of the loss suffered by him/her, as a consequence of the impact of the accident, more particularly, conside