Master Mallikarjun vs . Divisional Manager , The National Insurance Company Limited and Anr . ( 26 . 08 . 2013 - SCI ) Motor Vehicles – Just and fair compensation – Award to be made to a child aged 12 years who suffered disability in a motor accident – Negligence of the rider was proved – Disability assessed to the extent of 34% of right lower limb and 18% to the whole body – Held, while assessing the non-pecuniary damages, the damages for mental and physical shock, pain and suffering already suffered and that are likely to be suffered, any future damages for the loss of amenities in life like difficulty in running, participation in active sports, etc., damages on account of inconvenience, hardship, discomfort, disappointment, frustration, etc., have to be addressed especially in the case of a child victim – It would be unfair and improper to follow the structured formula as per the Second Schedule to the Motor Vehicles Act – For children there is no income and thus a child cannot be equated to such a non-earning person as stipulated in the schedule – Main elements of damage in the case of child victims are the pain, shock, frustration, deprivation of ordinary pleasures and enjoyment associated with healthy and mobile limbs – Compensation awarded should enable the child to acquire something or to develop a lifestyle which will offset to some extent the inconvenience or discomfort arising out of the disability - Impugned judgment of the High Court was accordingly modified
Posted on: Mon, 07 Oct 2013 05:36:29 +0000
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