RAJEEV SHARMA Vs. YOGENDRA SINGH ALIAS GAPPU

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeal is to an order passed by the High Court of judicature of Rajasthan on 2/5/2019 whereby a boy of 16 years of age had to suffer amputation of right leg above knee on account of a motor vehicle accident on 27/5/1998. The appellant was awarded a compensation of Rs.14,22,661.00, enhancing the amount of Rs.5,63,700.00 as awarded by the Motor Accident Claims Tribunal.

(3.) The argument of learned counsel for the appellant is that the appellant was 16 years of age and a student of class XII, but his capacity to earn has been assessed as Rs.1144.00 per month as minimum wages. The appellant has not been given future prospects as laid down by this Court in the case of National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680. Keeping in view the age of the appellant, he is entitled to 40% increase on account of future prospects. Thus, Rs.600.00 per month is required to be added towards the loss of income. By applying the multiplier of 18, the compensation will come out to be Rs.4,53,600.00.