NATIONAL INSURANCE CO LTD Vs. SHIVANI & ORS

JUDGEMENT

(1.) Mac.App. 489/2019 & CM Nos.19037-38/2019

(2.) The learned counsel for the appellant relies upon the judgment of Master Mallikarjuna vs. Divisional Manager, National Insurance Co., 2014 14 SCC 396, which held that when the disability of an injured person is between 10% to 30% of the whole body, the compensation should be Rs.3,00,000/- and if it is upto 60%, then it should be Rs.4,00,000/-. The Court, however, notes that the aforesaid quantum was indicative of the quantum of damages that could have been awarded, at that time to children suffering disability on account of a motor vehicle accident. The said judgment was passed in 2014. Almost half a decade has gone by. Times have changed; costs of things all around has altered dramatically due to inflation etc., therefore, for the compensation amount then awarded, to remain relevant and meaningful, the quantum of damages too must be dynamic and keep up with the times. Being stuck with one figure of compensation for all times is, with the passage of time, likely to make it symbolic, perhaps irrelevant and illusory compensation. Surely the objective of the socially beneficial legislation apropos grant of compensation to motor vehicle accident victims and their kin has been interpreted to mean that realistic and meaningful compensation should be granted. The Court has also noted that for permanent disability upto 10% of the whole body, compensation should be Rs. 1,00,000/-, unless there are exceptional circumstances to take different yardsticks. Therefore, it is open to the assessing authority to look into each case on its individual merits while keeping in mind the aforesaid guidelines of the Supreme Court.

(3.) In the present case, a six year old girl has been disabled permanently, in such a manner that she would not be able to live a normal life, as she did prior to the unfortunate accident. She would not be the same girl, who played with the children of her age in her neighbourhood park or in her school playfield or run about with gay abandon whenever she desired. She may well have to be assisted and cared-for for the rest of her life. Therefore, looking at her permanent dependency on other persons, her quality of life would be affected irreparably, as would her participation in sports and other regular activities of children her age. Her social life too could be impaired, and who knows, her personal life and relations could be affected in myriad ways.