(Hemant Gupta and Vikram Nath, JJ.)
Minor Roopa D/o Basappa Minor Rep. by her Natural Guardian and Father by Name Basappa _____________________________ Appellant;
v.
Divisional Manager, New India Assurance Company Ltd. ______________________________________________ Respondent.
Civil Appeal No. 5069 of 2022 (Arising out of SLP (Civil) No. 19366 of 2021), decided on August 3, 2022
The Order of the Court was delivered by
Hemant Gupta, J.:—
1. The present appeal has been preferred by a 6-year old girl who met with an accident on 19.04.2012 in front of Abiruchi Family Restaurant, Kudithini. The appellant was going back home by foot from the flour mill along with her mother when a lorry bearing No. KA-34/A3719 dashed against the appellant. The lorry ran over the legs of the appellant and she suffered fracture of 9th rib and femur, and dislocation of temporal head. On account of the injuries, her right leg had to be amputated and there is also a loss of right lower limb with half of pelvis affecting her private parts as well.
2. The learned Tribunal awarded a compensation of Rs. 8,09,000/- but the High Court in appeal enhanced it to Rs. 13,65,000/- along with interest at the rate of 6% on the enhanced amount.
3. Learned counsel for the appellant relied upon an order passed by this Court in Kajal v. Jagdish Chand1 as well as judgment of this Court in Master Ayush v. Branch Manager, Reliance General Insurance Co. Ltd.2 to contend that keeping view the injuries suffered, the amount of compensation is wholly inadequate. The High Court returned the following finding:
“Since the petitioner is a minor girl and there is no future prospects of she being getting married with any other because of the reason that her left leg has been amputated up to left thigh level, even her private part has also been affected due to the accidental injuries as and when she grows, that physic is also going to grow and her feelings are also going to change by seeing the fellow colleagues of her own age. Then under such circumstances, we are of the considered opinion that throughout the life till her death she has to suffer unmarried…..”
4. Learned counsel for the appellant has produced the photographs of the appellant which shows the extent of loss of limb and the consequent psychological, emotional and physical pain which the appellant would suffer for rest of her life. In fact, the other leg may not be able to support the appellant, when she grows. This Court in Ayush was considering a case of an accident of 5-year-old child wherein this Court determined compensation on account of loss of future earnings on the basis of minimum wages due to permanent disability for life, loss of future prospects, medical expenses and pain and suffering.
5. The minimum wages in the State of Karnataka on the date of accident were Rs. 4320/- per month as per the Notification No. KAE 79 LMW 2005 dated 17.03.2006, published in Gazette dated 19.02.2007. The wages as per the notification are as under:
“Minimum wages and VDA from 01-04-2012 to 31-03-2013
SCHEDULE
| Sl No. | Class of Employment | Minimum rates of wages payable for different zones | ||
| Basic | VDA | Total | ||
| 1 | 2 | 3 | 4 | 5 |
| 1 | Highly Skilled | 2691.80 | 1728.90 | 4420.70 |
| 2 | Skilled | 2591.80 | 1728.90 | 4320.70 |
| 3 | Semi-Skilled | 2041.80 | 1728.90 | 3770.70 |
| 4 | Unskilled | 1891.80 | 1728.90 | 3620.70 |
”
6. The future prospectus would be 40% in view of National Insurance Company Limited v. Pranay Sethi3. Thus, the compensation works out to be Rs. 4320/- plus 40%, amounting to Rs. 6048/- per month. The appellant will not be able to use any artificial limb and would always have to depend for her daily course and as she grows, she would suffer more physical and emotional distress. She would always require assistance of another person and frequent use of hired means of transport. In view of the said fact, we award compensation as follows:
| Head | Amount | |
| A | Loss of future earnings due to the Permanent Disability for life (4320+1728=6048) × 12 × 18 | Rs. 13,06,368/- |
| B | Medical expenses including future expenses | Rs. 5,00,000/- |
| C | Pain, suffering and loss of amenities | Rs. 5,00,000/- |
| D | Loss of Marriage prospects | Rs. 10,00,000/- |
| E | One Attendant charges (4624 × 12 × 18)=9,98,784/- | Rs. 10,00,000/- |
| F | Conveyance charges (as she has to move in a hired conveyance) | Rs. 10,00,000/- |
| Total | Rs. 53,06,368/- | |
| Rounded Off | Rs. 53,07,000/- |
7. Hence, the compensation is thus enhanced to Rs. 53,07,000/- along with interest @ 8% p.a. on the entire compensation from the date of filing of the claim application till realization.
8. Since the appellant is a minor, an amount of Rs. 10,00,000/- would be disbursed to her father as her guardian forthwith. The rest of the amount would be invested in one or more Fixed Deposits so as to attract the maximum rate of interest. The interest amount shall be payable to the guardian of the appellant every month during the period she is minor. Thereafter, she would be entitled to interest amount subject to the withdrawal of the amount as may be necessary keeping in view the growing requirements. It shall be open to the guardian, during the minority of the appellant or to the appellant after she attains majority to seek orders for withdrawal of such amount as the guardian or the appellant feels necessary in view of her requirements from the Tribunal.
9. Consequently, the order passed by the High Court is set aside. The appeal thus stands allowed in the above terms.
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1 (2020) 4 SCC 413
2 Civil Appeal No. 2205-2206 of 2022 decided on 29.3.2022
3 (2017) 16 SCC 680
