Compensation for permanent disability of child aged 9 years

The appellant – claimant, aged 9 years at the time of accident in 1996, was given dash by the truck while crossing road. He had multiple injuries resulting in amputation of left hand from shoulder & part of his foot and permanent disability.

The Tribunal awarded compensation of Rs.3,05,000/- vide judgment dated 25.11.2003, as against the claim of Rs.5 lakhs.

HELD that the compensation should be substantial to compensate deprivation suffered by the injured throughout life and not just token damages. Multiplier method to be resorted even in injury cases for assessment of earning loss. Thus, the income of claimant was estimated on the minimum wages income of Rs.24,000/- per year and with addition of 40% for future prospectives, the annual loss of earning was worked out to Rs.33,600/- per year. Applying the multiplier of 15 years, loss of earning was estimated to Rs.5,04,000/-.

In addition, the High Court increased the compensation of Rs.40,000/- to Rs.2 lakhs for loss of amenities in life, pain and suffering.

Also read – LMV Licence Vs. Transport vehicle licence

Similarly, the permanent disability was considered as separate head for compensation and enhanced compensation of Rs.70,000/- to Rs.2 lakhs under this head.

The compensation of Rs.10,000/- for loss of marriage prospects was enhanced to Rs.50,000/-.

First Appeal No.785 of 2004 (Aurangabad Bench) – Dada Prakash Shinde Vs. Balwan Singh and another