Kumari Kiran Thr. Her Father ... vs Sajjan Singh & Ors

3. The necessary relevant facts are stated as under:

5. The appellants filed a claim petitions before the Motor Accident Claims Tribunal, Bhopal. The Tribunal after considering the facts, evidence produced on record and the circumstances of the case, apportioned contributory negligence at 50% on the part of the appellant-father who was riding the motorcycle on which the appellant-minors were the pillion riders and 50% on the driver of the offending tractor.

7. Being aggrieved by the common award passed by the Tribunal, the appellants filed M.A. Nos. 2575 of 2010, 2574 of 2010 and 2579 of 2010 before the High Court of Madhya Pradesh at Jabalpur. After considering the facts, evidence on record and circumstances of the case, the High Court held that the appellant-minors who were the pillion riders cannot be held for contributory negligence as apportioned by the Tribunal even if their appellant-father who was the motorcyclist was at fault. Therefore, the High Court set aside the deduction arising out of the contributory negligence from the compensation determined towards the permanent disability for the appellant-minors. The High Court also reduced the contributory negligence on the part of appellant-father (motorcyclist) from 50% to 25%. Further, the High Court enhanced the compensation of the appellant-minor daughter by Rs. 30,000/-, the appellant-minor-son by Rs.25,000/- and the appellant- father by Rs.65,000/- (Rs.30,000/- lump sum and Rs.35,000/- towards medical expenses) to be paid with an interest @ Rs.7.5% per annum vide its impugned judgment and order dated 06.11.2012. Aggrieved by the impugned Judgment and order, the appellants filed these appeals.

10. It is stated that the appellant-minors were just 10 and 15 years old at the time of the accident. They have undergone immense physical pain and suffering as well as mental shock and trauma at a very tender age. The trauma undergone by the appellant-minors due to the motor accident could have a severe and long-lasting effect. The appellant-minors and their parents will have to make arrangements to support their disability in the future. No amount of monetary benefit will compensate for the suffering and pain that the appellant-minors have to endure to overcome the probable shackles of their disability in the future. The appellant-father suffers from 30% permanent disability due to the shortening of his right leg by one inch after injuries sustained by them in the motor vehicle accident. Both the children are suffering from permanent disability due to this motor vehicle accident. The appellant-father has and continues to undergo loss, pain and suffering in many ways due to this accident. Therefore, when the question of compensation arises in the case of permanent disablement suffered by the appellants due to a motor accident, we refer to the principles laid down by this Court in the case of R.D. Hattangadi vs Pest Control (India) Pvt. Ltd[2], wherein it was held as under:-

14. Further, the courts below have erred in ascertaining the notional income of appellant-father at Rs.1,500/- per month i.e. Rs.18,000/- per annum. On examining the facts, evidence produced on record and circumstances of the case on hand, the appellant-father owns 30 bighas of irrigated land in which he was doing agricultural work as per Exhibit-79 Kishtban Khtoni. Keeping in mind the same, the notional income ascertained by the courts below is too less. In our opinion, the appellant-father’s notional income must be at least Rs.5,000/- per month i.e. Rs.60,000/- per annum. Thus, his loss of future income due to 30% permanent disability suffered by him due to the injuries sustained in this accident, taking the appropriate multiplier of 15 (as per Sarla Verma & Ors. v. Delhi Transport Corporation & Anr.[6]), would be Rs.2,70,000/- (15 X [30% of 60,000/-]).

With regard to all the appellant-claimants

16. We are of the opinion, that the appellants without doubt need sufficient nutrition in order to ensure their good health, especially considering the appellant-minors who are just over 10 and 15 years of age. As the Tribunal and the High Court have erred in awarding a meagre amount of Rs.3,000/- to each one of the appellants towards special food and nutrition, instead we award Rs.10,000/- each towards the same.

18. The compensation awarded to the appellants towards medical expenses by the Tribunal and enhancement of the same by the High Court to the appellant- father is maintained.

20. In the result, the appellants shall be entitled to compensation under the different heads as per the following table:

21. Accordingly, we allow these appeals with the following directions: