BABY SAKSHI GREOLA versus MANZOOR AHMAD SIMON AND ANOTHER

BABY SAKSHI GREOLA versus MANZOOR AHMAD SIMON AND ANOTHER

The Supreme Court held that although the medical certificate assessed disability at 75%, for all practical purposes the appellant’s disability should be treated as 100%; for computation of future loss the minimum wage for a skilled worker in Delhi as on 2.6.2009 (Rs.4,358/month) is to be used as the multiplicand with 40% addition for future prospects and multiplier 18 (age-based), resulting in loss of earning capacity of Rs.13,18,000; attendant charges must be computed on full-time skilled attendant basis using the skilled minimum wage and multiplier 18 resulting in Rs.9,42,000; pain and suffering enhanced to Rs.15,00,000; future medical treatment enhanced to Rs.5,00,000; loss of marriage...

Parties
Appellant: Baby Sakshi Greola; Respondent No.1 (driver Cum Owner): Manzoor Ahmad Simon; Respondent No.2 (insurer): United India Insurance Company Limited
Jurisdiction
India
Judgment Date
11 December 2024
Procedural Posture
Civil Appeal / Appeal to Supreme Court Against High Court Judgment Enhancing MACT Award
Outcome
Appeal allowed; impugned High Court judgment quashed and set aside to the extent modified; award of compensation enhanced and directions given for payment and investment.
Legal Topics
Loss of Earning Capacity, Attendant Charges, Pain and Suffering, Future Medical Treatment, Disability Assessment, Multiplier Method, Minimum Wages as Multiplicand, Loss of Marriage Prospects, Interest on Awards
Motor Vehicles Personal Injury Compensation Law Loss of Earning Capacity Attendant Charges Pain and Suffering Future Medical Treatment Disability Assessment +4 more

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Parties

Baby Sakshi Greola

Appellant

Manzoor Ahmad Simon

Respondent No.1 (driver Cum Owner)

United India Insurance Company Limited

Respondent No.2 (insurer)

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against High Court Judgment Enhancing MACT Award

Legal Issues

  1. 1 Whether compensation awarded by High Court for injuries and disability of a minor should be further enhanced
  2. 2 Whether the appellant's 75% assessed disability should be treated as 100% for practical purposes
  3. 3 Appropriate method to determine future loss of earnings (notional income versus minimum skilled wage)

Ratio Decidendi

The Supreme Court held that although the medical certificate assessed disability at 75%, for all practical purposes the appellant’s disability should be treated as 100%; for computation of future loss the minimum wage for a skilled worker in Delhi as on 2.6.2009 (Rs.4,358/month) is to be used as the multiplicand with 40% addition for future prospects and multiplier 18 (age-based), resulting in loss of earning capacity of Rs.13,18,000; attendant charges must be computed on full-time skilled attendant basis using the skilled minimum wage and multiplier 18 resulting in Rs.9,42,000; pain and suffering enhanced to Rs.15,00,000; future medical treatment enhanced to Rs.5,00,000; loss of marriage...

Court Disposition

Appeal allowed; impugned High Court judgment quashed and set aside to the extent modified; award of compensation enhanced and directions given for payment and investment.

Orders

  • Enhanced compensation awarded to appellant totalling Rs.50,87,000
  • Interest maintained at 9% per annum from date of filing of claim petition till realization