What should be the reasonable amount of compensation in the cases where minor has sustained serious injuries in vehicular accident:

What should be the reasonable amount of compensation in the cases where minor has sustained serious injuries in vehicular accident:

 Hon'ble Apex Court in the case of Mallikarjun v/s Divisional Manager, reported in 2013 ACJ 2445. Wherein in para No.12 it is held has under:“

12. Though it is difficult to have an accurate assessment of

the compensation in the case of children suffering disability

on account of a motor vehicle accident, having regard to the

relevant factors, precedents and the approach of various High

Courts, we are of the view that the appropriate compensation

on all other heads in addition to the actual expenditure for

treatment, attendant, etc., should be, if the disability is above

10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%,

Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be

Rs.6 lakhs. For permanent disability upto 10%, it should be

Re.1 lakh, unless there are exceptional circumstances to take

different yardstick. In the instant case, the disability is to the

tune of 18%. Appellant had a longer period of hospitalization

for about two months causing also inconvenience and loss of

earning to the parents.”

A minor sustained vehicular injuries which rendered her

in vegetative state and her disability is assessed as 100%.   Based on minimum wages, her monthly income is assessed as Rs.4846/. 40% future prospect added and multiplier of 18 is adopted. Over and above the loss of income SC applied multiplier of 18 for assessment of attendant charges. Cost of two attendants works out as Rs.10,000/.

Compensation under the head of the attendant charges

assessed as Rs.21,60,000/. Rs. 3,00,000/has been awarded

for loss of marriage prospects. Total compensation of

Rs.62,27,000/awarded.

Kajal v/s. Jagdish Chand, AIR 2020 SC 776.

Jithendran v/s. New India Ass, Com. 2021 ACJ 2736 (SC)

5.3A.3. After considering the ratios laid down in the case

of Mallikarjun (supra) and Kajal (supra), Hon'ble Supreme

Court in the case of HDFC Ergo General Insurance Com. V/s.

Mukesh Kumar, AIR 2021 SC 4010 has held in para 27 that in

the cases where the factual scenario requires multiplier

method can be applied as it was done in the case of Kajal

(supra).

Hon'ble Supreme Court in the case of NIA Com.

v/s. Satish Chandra Sharama, 2022 ACJ 1211 has granted

compensation to injured government servant Even

Hon'ble Kerala High Court in the case of Raju Sebastian v/s. UII Com., 2022 ACJ 1128 has taken the similar view.

Determination of permanent Partial Disablement of the claimant:

In the cases where injured had sustained more than one

fracture injuries, it may appear to Tribunal that disability

certificate issued by the Doctor depicts the higher value of

disability than the injured claimant has actually sustained. In

such situation, Ld. Judge of the Tribunal finds it difficult to

arrive at the exact amount of disability sustained by the injured

claimant. Normally, Doctors issue disability certificate on the

basis of formula invented by Dr. Henry H. Kessler in his book

titled as 'Disability – Determination & Evaluation'. For

determination of disability in such cases, Doctors apply formula

evolved by Dr. Henry H. Kessler. Said Formula reads as under:A+{ [B (100A)] / 100}

In the said formula, 'A' stands for higher value of partial

disablement, whereas 'B' stands for lower value of partial

disablement. Doctors normally, take disadvantage of the

comments given on page No.49 of the above referred book.

Careful reading of the said comments, leads to the conclusion

that when injured victim/claimant has sustained injuries, which

resulted into two or more fractures on two different limbs of the

body, then in such situation disablement in relation to whole

body may be assessed as per the above referred formula. But

above referred formula does not apply in the cases where

claimant has sustained two or more fractures on the same limb

i.e one fracture on right hand and second on left hand or one

fracture on right lag and second on the left leg. It is also

mentioned in the said book that lower part of the body i.e. legs

or upper part of body i.e. two hands are considered as one limb

of the body (lower limb or upper limb) and when

victim/claimant has sustained fractures on the one particular

limb then in such case, disablement in relation to whole may be

assessed as one half of the permanent partial disablement

assessed by the doctor. Say for an example, claimant has

sustained one fracture injury on right leg and doctor has

assessed disability in relation to right lower limb as 27% and

second fracture injury on left leg and doctor has assessed

disability in relation to left lower limb as 7% and if, we apply

simple principle in the facts of the above referred example, the

disablement in relation to whole body, comes to 17%. (27% in

relation to right lower limb plus permanent partial impairment

of 7% in relation to left lower limb, divided by two [27% + 7%]

/ 2). But, if we apply the above referred formula, disablement

in relation to whole body comes to 32.11%. {27 + [7 (100 –

27) / 100]}. From the above referred discussion, it becomes

clear that when victim/claimant has sustained more than one

fractures on one limb and when victim/claimant has sustained

more than one fractures on two limbs, assessment of

disablement in relation to whole body is required to be assessed

by applying different formulas. Book written by Dr. Henry H.

Kessler, namely, 'Disability – Determination & Evaluation' is

considered to be the authority as far as calculation of

permanent partial disablement is concerned. However, it is to

be noted that Dr. Henry H. Kessler has also mentioned in his

book that there is always variation of plus/minus 5%, in the

permanent partial disablement assessed by the doctor.

Therefore, while deciding permanent partial impairment of the

injured claimant, above referred facts are required to be

remembered.

Reference may also be made to 'Manual For Doctors To Evaluate Permanent Physical Impairment', which is based

on expert group meeting on disability evaluation and national

seminar on disability evaluation and dissemination, G.G.H.S.W.

H.O.A. I.I.M.S., New Delhi 1981.

Reference may also be made to 'Disability Guidelines issued by Office of Chief Commissioner for Persons with Disabilities, dated 1 s t June 2001. Guidelines issued in the above referred reports are as under:5.3.3.1.