MASTER JYOTHIS RAJ KRISHNA Vs. SUNNY GEORGE

JUDGEMENT

(1.) The vexed question has come up again before this Court. What should be the notional income of a minor, aged 5 years, in a Motor Accident Claim? The accident took place in the year 2016 and for 8 years, the child has been in a paraparesis state. No amount of compensation can give back the child his childhood. Still the insurance company contends that the compensation awarded is highly disproportionate to the claim. On behalf of the minor, the father is aggrieved by the insufficiency of the compensation awarded.

(2.) The object of an award of damages is to give the plaintiff compensation for the damage, loss or injury. The statement of general rule from which one must always start in resolving a problem as to the measure of damages. A rule equally applicable to tort and contract has its origin in the speech of Lord Blackburn in Livingstone Vs Rawyards Coal Co (1880)5 App Cases 25. He there defined the measure of damages as "that sum of money which will put the party who has been injured or who has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting compensation or reparation" This statement has been consistently referred to or cited as approval or restated in similar language. Keeping in mind the above principles, this Court proceeds towards consideration of the issues raised in the appeal.

(3.) The succinctly stated facts for disposal of the appeal is as follows: