ABHIMANYU PARTAP SINGH versus NAMITA SEKHON & ANOTHER

ABHIMANYU PARTAP SINGH versus NAMITA SEKHON & ANOTHER

For a claimant aged about five and a half who suffered 100% permanent disability, the multiplier of 18 is applicable (guided by Kajal v. Jagdish Chand), the multiplier method applies to future loss of earning and attendant charges; applying these principles the Court assessed pecuniary heads at Rs.46,62,000 and non-pecuniary heads at Rs.5,00,000, totaling Rs.51,62,000 and directed that the enhanced amount of Rs.28,42,000 carry interest at 6.5% p.a. from the date of filing the claim petition until realization.

Parties
Appellant: Abhimanyu Partap Singh; Respondent No.1: Namita Sekhon; Respondent No.2: United India Insurance Company Limited
Jurisdiction
India
Judgment Date
06 July 2022
Procedural Posture
Civil Appeal / Judgment on Appeal by Supreme Court
Outcome
appeal partly allowed
Legal Topics
Multiplier Method, Loss of Future Earning, Attendant Charges, Medical Expenses, Non Pecuniary Damages, Interest on Enhanced Award
Motor Vehicles Act, 1988 Compensation Personal Injury Damages Civil Procedure Multiplier Method Loss of Future Earning Attendant Charges +3 more

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Parties

Abhimanyu Partap Singh

Appellant

Namita Sekhon

Respondent No.1

United India Insurance Company Limited

Respondent No.2

Procedural Posture

Civil Appeal / Judgment on Appeal by Supreme Court

Legal Issues

  1. 1 Determination of just and reasonable compensation under the Motor Vehicles Act, 1988 for 100% permanent disability of a minor injured in a road accident
  2. 2 Applicability of multiplier method for a claimant below age 15 and appropriateness of multiplier to be applied
  3. 3 Whether multiplier method applies to attendant charges as well as future loss of earnings

Ratio Decidendi

For a claimant aged about five and a half who suffered 100% permanent disability, the multiplier of 18 is applicable (guided by Kajal v. Jagdish Chand), the multiplier method applies to future loss of earning and attendant charges; applying these principles the Court assessed pecuniary heads at Rs.46,62,000 and non-pecuniary heads at Rs.5,00,000, totaling Rs.51,62,000 and directed that the enhanced amount of Rs.28,42,000 carry interest at 6.5% p.a. from the date of filing the claim petition until realization.

Court Disposition

appeal partly allowed

Orders

  • Appeal allowed in part as indicated in the judgment
  • Total compensation assessed at Rs.51,62,000 (pecuniary heads Rs.46,62,000 and non-pecuniary heads Rs.5,00,000)