It is also relevant to observe that in the judgment of Sarla Verma (Smt.) and Ors. v. Delhi Transport Corporation and Anr. MANU/SC/0606/2009 : (2009) 6 SCC 121 and National Insurance Co. Limited v. Pranay Sethi and Ors. MANU/SC/1366/2017 : (2017) 16 SCC 680, while replacing the Schedule of Motor Vehicle Act, it is not made clear what multiplier would be applicable below the age of 15. In the case of Kajal (supra), the injured was 12 years of the age, however, the multiplier of 18 has been applied. Therefore, taking guidance from the judgment of Kajal (supra), for determination of the compensation in the present case, the multiplier of 18 shall be applicable. {Para 15}
18. The Tribunal awarded Rs. 1,92,000/- in the head of attendant charges @ 1,000/- per month. While the High Court proceeded on the premises that the rate of the attendant charges is variable after every five years, however, the Court calculated the amount @ Rs. 2,000/- thereafter @ Rs. 4,000/- per month for a period of 20 years and accordingly determined Rs. 9,00,000/- making enhancement of Rs. 7,08,000/- in the said head. As discussed, if we apply the multiplier method and in view of the judgment of Kajal (supra), we accept the rate of attendant charges Rs. 5000/- per month for 12 hours, looking to the nature of injuries and disability the claimant is required two attendants at least within 24 hours then the expenses in the head of attendant charges comes to Rs. 10,000/- per month. If we apply the multiplier of 18, the amount comes to Rs. 21,60,000/-.
19. Similarly for medical expenses in the head of physiotherapy required to the claimant, the Tribunal awarded Rs. 2,88,000/- @ Rs. 50 per day. The High Court granted lumpsum amount of Rs. 8,00,000/- including the expenses for diapers. In our considered opinion, the said amount is not adequate. In these days the physiotherapist would charge at least Rs. 150/- per day to treat the patient for one hour which monthly comes to Rs. 4,500/- and annually 54,000/-, applying the multiplier of 18, the amount in the head of physiotherapy charges comes to Rs. 9,72,000/-. For the purpose of use of diapers, regular medical check-up and medical expenses if we further add Rs. 2,00,000/- then in the head of future medical expenses the amount comes to Rs. 11,72,000/-.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 4648 of 2022.
Decided On: 06.07.2022
Abhimanyu Partap Singh Vs. Namita Sekhon and Ors.
Hon'ble Judges/Coram:
Indira Banerjee and J.K. Maheshwari, JJ.
Author: J.K. Maheshwari, J.
Citation: 2022 SCC OnLine SC 793,MANU/SC/0821/2022.
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