DIVYAversusTHE NATIONAL INSURANCE CO. LTD. & ANR

956                      [2022]REPORTS
               SUPREME COURT   14 S.C.R. 956              [2022] 14 S.C.R.


A                                   DIVYA
                                       v.
             THE NATIONAL INSURANCE CO. LTD. & ANR.
                        (Civil Appeal No. 7605 of 2022)
B                             OCTOBER 18, 2022
                [B. R. GAVAI AND C. T. RAVIKUMAR, JJ.]
             Motor Vehicles Act, 1988 – s.168 – Compensation – ‘Just
      compensation’ – Assessment of – On 08.08.1998, at the age of two
      years appellant sustained very serious injuries in a motor accident
C
      – Tribunal dismissed the claim of appellant on technical grounds –
      In appeal, the High Court referred the appellant/claimant before
      Medical Board for examination and assessment of permanent
      disability – Medical Board opined that the disability caused to
      appellant was almost 100% – High Court came to the conclusion
D     that appellant was entitled to be compensated, and directed first
      respondent-Insurance Company, to pay quantified compensation
      of Rs. 13.34 lakhs with interest @ 7.5 % p.a. from the date of the
      petition till the date of the payment – Compensation was awarded
      under heads of a) Attender Charges, b) Pain and Sufferings and
      Loss of Amenities, c) Marriage Prospects, d) Future Medical
E
      Treatment and e) Grant of additional amount for special diet – Plea
      before Supreme Court for grant of ‘just compensation’ by
      enhancement of compensation under the various heads – Held: The
      evidence on record show that the injuries sustained by appellant in
      the motor accident virtually doomed her future – The corporeal
F     independence was lost forever – The state of her lower limbs, as
      revealed from the photographs supporting the certification of the
      opinion of the Medical Board, suggested that she could never be
      cursorial or even, stretch her legs – In troth, she could not stand
      sans support – She lost all her amenities and marriage prospects –
      The contextual situation revealed an impossibility to bring back the
G
      appellant to her original position – On careful scrutiny of the heads
      of compensation, bearing in mind the decision in Kajal’s case, the
      appellant is entitled to grant of enhancement of compensation on
      certain grounds – Appellant entitled to total enhanced amount of
      Rs. 24.90 lakhs (comprising of enhanced amounts towards attender
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                                      956
  DIVYA v. THE NATIONAL INSURANCE CO. LTD. & ANR.                      957


charges; pain and sufferings and loss of amenities; marriage           A
prospects; future medical treatment and grant of additional amount
for special diet) in addition to the amount already awarded by the
High Court – Insurance company to deposit the enhanced amount
with interest @ 7.5% per annum with effect from 29.08.2018 till the
date of deposit.
                                                                       B
      Disposing of the appeal, the Court
      HELD: 1. The evidence on record would undoubtedly show
that the appellant had sustained very serious injuries in a motor
accident involving the two vehicles mentioned hereinbefore and
the same virtually doomed her future. The corporeal                    C
independence is lost forever. The state of appellant’s lower limbs,
as revealed from the photographs supporting the certification of
the opinion of the Medical Board, would suggest that she could
never be cursorial or even, stretch her legs. In troth, she could
not stand sans support. Needless to say, she lost all her amenities
and marriage prospects. The contextual situation reveal that it        D
was an impossibility to bring back the appellant to her original
position. [Paras 6 and 7][963-E-G; 964-A]
      2. On careful scrutiny of the heads of compensation, bearing
in mind the decision of Kajal’s case, it is clear that the appellant
is entitled to enhancement/grant, of compensation on certain           E
grounds.
      2.1 Attender Charges:- Towards ‘attender charges’ the High
Court has granted a lumpsum amount of Rs. 1 Lakh. In Kajal
case, this Court held that when compensation is awarded in
lumpsum, various factors had to be taken into consideration and        F
usually for ordering grant of lumpsum amount this Court always
followed a multiplier system. The High Court has rightly identified
the multiplier by looking into the table in Sarla Verma’s case as
15. The physical condition of the appellant would, undoubtedly,
reveal that she would require lifelong services of two attendants.     G
Following the decision in Kajal’s case, in that regard
Rs. 10,000/- per month can be granted and at that rate the annual
amount would come to Rs. 1,20,000/-. Applying the multiplier of
15 the amount payable would be Rs. 18 lakh. [Paras 10][965-E-
H]
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958            SUPREME COURT REPORTS                     [2022] 14 S.C.R.


A            2.2 Pain and Sufferings and Loss of Amenities:- Under the
      head of ‘Pain and Sufferings” and “Loss of Amenities” a total of
      Rs. 3 lakh (1,50,000 each) was granted by the High Court. In
      Kajal’s case this Court referred to with agreement the decision
      in Mallikarjun v. Divisional Manager, National Insurance Company
      Limited & Anr. whereunder, while dealing with the issue of award
B
      under this head, it was held that it should be at least Rs. 6 lakhs
      if the disability is more than 90%. Since the disability in this case
      was already assessed as more than 90% in the light of the aforesaid
      decision, an amount of Rs. 3 lakhs is additionally granted to the
      appellant idest after deducting Rs. 3 lakhs from Rs. 6 lakhs. [Para
C     10.1.4][969-C-E]
            2.3 Marriage Prospects:- No amount whatsoever was
      granted by the High Court for loss of marriage prospects. In
      Kajal’s case this Court declined to interfere with fixation of Rs. 3
      lakhs under that head by the Tribunal concerned. There is no
D     reason to deny such an amount viz., Rs. 3 lakhs to the appellant
      for the loss of marriage prospects, taking into account her physical
      condition. [Para 10.1.4][969-E-F]
             2.4 Future Medical Treatment: - The appellant was awarded
      only an amount of Rs. 1 lakh under that head by the High Court.
E     Considering the nature of the injuries and the present physical
      condition of the appellant, in future she will have to face a lot of
      medical problems keeping in view of her young age and taking
      into account the life expectancy of an average Indian. This Court
      is inclined to grant an amount of Rs. 1 lakh more to the appellant.
      [Para 10.1.4][969-G]
F
             2.5 Grant of additional amount for special diet:- Besides, it
      would be appropriate to grant some additional amount for special
      diet. The appellant was awarded an amount of Rs. 10,000/- towards
      Extra Nourishment. It is common knowledge that consumption
      of normal food by a person who is practically bedridden is not
G     advisable and what is advisable is to have a special dietary to
      avoid putting on weight. In the circumstances, she may have to
      spend amount for keeping her body fit, as far as possible, to adapt
      to the situation. This Court is inclined to grant Rs. 90,000/- more

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  DIVYA v. THE NATIONAL INSURANCE CO. LTD. & ANR.                      959


in addition to the amount of Rs. 10,000/- granted under the head       A
‘Extra Nourishment’. [Para 10.1.4][970-A-C]
      3.1. In view of the enhancement/grant, of compensation the
award granted by the High Court under the impugned judgment
would stand modified by granting an enhancement amount of Rs.
24,90,000/- in addition to amount already awarded by the High          B
Court. The insurance company shall be liable to deposit the said
enhanced amount with interest at the rate of 7.5% per annum
with effect from 29.08.2018 till the date of deposit. [Paras 11 and
12][970-C-D, F-G]
      3.2. Since this Court has granted compensation in excess         C
of what is claimed and the appellant had remitted court fee for
the claim of Rs. 30 lakhs the appellant is liable to pay the balance
court fee for the amount granted in excess of Rs. 30 lakhs. [Para
15][971-G-H]
      National Insurance Company Ltd. v. Pranay Sethi (2017)           D
      16 SCC 680 : [2017] 13 SCR 100 – followed.
      Kajal v. Jagdish Chand & Ors. (2020) 4 SCC 413 :
      [2020] 3 SCR 622; Raj Kumar v. Ajay Kumar (2011) 1
      SCC 343 : [2010] 13 SCR 179; Sarla Verma (Smt) &
      Ors. v. Delhi Transport Corporation & Anr. (2009) 6              E
      SCC 121 : [2009] 5 SCR 1098; Reshma Kumari & Ors.
      v. Madan Mohan & Anr. (2013) 9 SCC 65 : [2013] 2
      SCR 706 and Rajesh v. Rajbir Singh (2013) 9 SCC 54
      : [2013] 5 SCR 961 – relied on.
      Mallikarjun v. Divisional Manager, National Insurance            F
      Company Limited & Anr. (2014) 14 SCC 396 : [2013]
      8 SCR 268; Abhimanyu Pratap Singh v. Namita Sekhon
      & Anr. (2022) 8 SCC 489 and Kerala SRTC v. Susamma
      Thomas (1994) 2 SCC 176 – referred to.
      Philipps v. London & South Western Railway Co. (1879)
                                                                       G
      LR 5 QBD 78 (CA) – referred to.
                      Case Law Reference
[2020] 3 SCR 622                  relied on           Para 7

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960             SUPREME COURT REPORTS                          [2022] 14 S.C.R.


A     [2010] 13 SCR 179                  relied on               Para 8
      (2022) 8 SCC 489                   referred to             Para 10.1.1
      [2017] 13 SCR 100                  followed                Para 10.1.1
      [2009] 5 SCR 1098                  relied on               Para 10.1.1
B
      [2013] 2 SCR 706                   relied on               Para 10.1.1
      [2013] 5 SCR 961                   relied on               Para 10.1.1
      [2013] 8 SCR 268                   referred to             Para 10.1.4
C
      (1994) 2 SCC 176                   referred to             Para 13
            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7605
      of 2022.
            From the Judgment and Orders dated 29.08.2018 of the High
D     Court of Judicature at Madras in C.M.A. No. 991 of 2018.
            T. Harish Kumar, Navneet Dugar, Subham Kothari, Advs. for the
      Appellant.
             Abhishek K. Gola, Sudhir Naagar, A. Nagar, Vikrant Mehta, Advs.
E     for the Respondents.
            The Judgment of the Court was delivered by
            C. T. RAVIKUMAR, J.
            1. Leave Granted.
F
             2. Little was known to the little girl when she was taken in an
      autorickshaw by her parents about the jinx that she had to face and the
      consequences which would be lifelong and haunting, both mentally and
      physically. On 08.08.1998, when the appellant/claimant was a suckling,
G     to be precise aged two years, her parents took her in an autorickshaw
      bearing registration No. TN-29-0958. When they were travelling from
      near Vaishnav College, from west to east, a car bearing registration No.
      TMQ-2266 driven rashly and negligently came from the opposite direction,
      that too through its off side, dashed against the autorickshaw. She sustained
      very serious injuries. Taking into account the injuries sustained and its
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  DIVYA v. THE NATIONAL INSURANCE CO. LTD. & ANR.                              961
                 [C. T. RAVIKUMAR, J.]

serious consequences, after assessing the compensation at Rs. 60 lakhs,        A
the claimant filed an application for compensation under Section 166 of
the Motor Vehicles Act, 1988 (for short ‘MV Act’) limiting the claim of
compensation at Rs. 30 lakhs. The Tribunal, on consideration of the
evidence on record, held that the driver of the car was responsible for
the accident, but dismissed the claim petition on technical grounds. It
                                                                               B
was found by the Tribunal that the vehicle was sold on 21.05.1998 viz.,
prior to the accident and the claimant had not taken steps to implead the
actual owner of the car and, therefore, could not claim compensation
from the second respondent herein, the erstwhile owner of the car as
also from the insurance company. Aggrieved by the dismissal of the
claim petition the claimant preferred appeal before the High Court of          C
Judicature at Madras as CMA No. 991/2018. Upon finding that the claim
petition ought not to have been dismissed for the aforesaid technical
reason pending the appeal the High Court referred the claimant before a
Medical Board for examination and assessment of permanent disability.
The Medical Board assessed her locomotive disability as 75% and the
                                                                               D
neuro-physical disability as 40%. In fact, the Medical Board conducted
such examination on 19.05.2018 viz., almost two decades since the date
of accident. The Medical Board opined that the disability caused to the
appellant is almost 100%. The High Court, based on the opinion given
under the certificate issued by the Medical Board, considered the claim
of the appellant. Obviously, the High Court found that the Tribunal was        E
at fault in dismissing the claim petition assigning the aforesaid reason in
view of Section 157 of the MV Act, 1988. In fact, after considering the
position with respect to the aforesaid provision and also the fact that the
insurance coverage of the offending vehicle was valid even on the date
of the accident, the High Court came to the conclusion that the appellant
                                                                               F
is entitled to be compensated. Consequently, the award of the Tribunal
was set aside.
       3. After setting aside the award of the Tribunal, the High Court
took note of the fact that about two decades have lapsed since the date
of the accident to decline remand of the matter to the Tribunal. Obviously,    G
in the interest of the justice, the High Court went on to determine the
quantum of compensation. Taking note of the permanent disability incurred
by the appellant in the light of the certificate issued by the Medical Board
and taking into account the various heads under which compensation is
grantable in the case of such serious injuries assessed the compensation
as under:                                                                      H
962             SUPREME COURT REPORTS                           [2022] 14 S.C.R.


A




B




C



            As per the impugned judgment, the High Court directed the first
      respondent –Insurance Company, to pay the said quantified compensation
D     of Rs. 13,34,000/- with interest at the rate of 7.5 percent per annum
      from the date of the petition (18.12.1998) till the date of the payment.
      Appropriate directions for disbursement and deposit were also issued
      thereunder. It is dissatisfied with the quantum of compensation granted
      thereunder that the captioned appeal has been preferred seeking
      enhancement of the quantum compensation.
E
             4. Heard Mr. T. Harish Kumar, Advocate, the learned counsel for
      the appellant and Mr. Abhishek Gola, Advocate, the learned counsel for
      the respondent.
             5. The first and second respondents filed counter affidavits
F     separately. They did not dispute the certification of the permanent disability
      by the Medical Board constituted pursuant to the direction of the High
      Court. True that in the counter affidavit the second respondent took up
      the stand that ‘just compensation’ was awarded by the High Court in the
      appeal and the appellant herein is, therefore, not entitled to get further
      enhancement of the quantum of compensation. Virtually, the first
G     respondent -Insurance Company, also adopted the same stand in its
      affidavit. It was further contended therein that the claimant had failed to
      provide any documentary evidence regarding the proof of income. We
      may hasten to state here that it is nothing but mispleading due to misreading
      as the High Court had only notionally fixed the income for calculation
H     purpose taking into account the fact that the appellant was aged only
  DIVYA v. THE NATIONAL INSURANCE CO. LTD. & ANR.                               963
                 [C. T. RAVIKUMAR, J.]

two years at the time of the accident. The learned counsel for the appellant    A
would contend that there is no merit in the objections raised by the
respondents as in terms of Section 168 of the MV Act, the appellant is
entitled to ‘just compensation’ and she was deprived of the same in the
instant case. It was contended that going by the opinion of the Medical
Board the appellant had incurred permanent disability almost of 100%.
                                                                                B
At the time of the accident the claimant was a minor aged about two
years and its serious consequences and impact are reflected in the medical
certificate issued pursuant to the examination conducted on 19.05.2018
viz., after about 20 years of the accident. It was further contended by
the learned counsel that the notional income fixed by the High Court for
calculation purpose viz., Rs. 2000/- is too meagre. The calculation of          C
compensation for loss of earning and for permanent disability are on the
lower side. Further, it was contended that the amount of compensation
granted under the heads “Pain and suffering”, “Medical expenses”, Loss
of amenities”, “Extra nourishment”, “Mental agony”, “Future medical
expenses” and “Attender charges” are all on the lower side. In such
                                                                                D
circumstances, compensation granted under such heads require
enhancement for the purpose of granting ‘just compensation’. We may
also take note of the fact that despite being saddled with liability to pay
compensation the respondents have not chosen to assail the judgment
of the High Court.
       6. The evidence on record would undoubtedly show that the                E
appellant had sustained very serious injuries in a motor accident involving
the two vehicles mentioned hereinbefore and the same virtually doomed
her future. Besides the undisputed details regarding the disability certified
by the Medical Board the appellant had produced photographs in this
appeal revealing her pathetic plight. No doubt, the trauma and the throe        F
which she had experienced and experiencing are inexplicable and cannot
be expiated appropriately as the situation is indisputable that regaining
self-reliance much less recuperation is totally, now an unpossibility.
Obviously, the corporeal independence is lost forever. The state of her
lower limbs, as revealed from the photographs supporting the certification
of the opinion of the Medical Board, would suggest that she could never         G
be cursorial or even, stretch her legs. In troth, she could not stand sans
support. Needless to say, she lost all her amenities and marriage prospects.
The question is how would you assess the ‘just compensation’ in such a
case when Section 168 of the MV Act, provides for ‘just compensation’?
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964             SUPREME COURT REPORTS                          [2022] 14 S.C.R.


A           7. In the contextual situation revealing the fact that it is an
      impossibility to bring back the appellant to her original position it is only
      appropriate to refer to the decision in Philipps v. London & South
      Western Railway Co.1 quoted with the agreement by the two-Judge
      Bench of this Court in Kajal v. Jagdish Chand & Ors.2, it reads thus:
B           “…You cannot put the plaintiff back again into his original position,
            but you must bring your reasonable common sense to bear, and
            you must always recollect that this is the only occasion on which
            compensation can be given. The plaintiff can never sue again for
            it. You have, therefore, now to give him compensation once and
            for all. He has done no wrong, he has suffered a wrong at the
C           hands of the defendants and you must take care to give him full
            fair compensation for that which he has suffered.”
             8. In Kajal’s case (supra) this Court also referred to an early
      decision in Raj Kumar v. Ajay Kumar3. Para 6 of judgment in Rajkumar’
      case (supra) is worthy to be noticed for awarding compensation for
D     personal injuries. It reads thus:
            “6. The heads under which compensation is awarded in personal
            injury cases are the following:
                    Pecuniary damages (Special damages)
E                   (i) Expenses relating to treatment, hospitalisation,
                        medicines, transportation, nourishing food, and
                        miscellaneous expenditure.
                    (ii) Loss of earnings (and other gains) which the injured
                         would have made had he not been injured, comprising:
F
                    (a) Loss of earning during the period of treatment;
                    (b) Loss of future earnings on account of permanent
                        disability.
                    (iii) Future medical expense.
G                   Non-pecuniary damages (General damages)
                    (iv) Damages for pain, suffering and trauma as a
                         consequence of the injuries.
      1
        (1879) LR 5 QBD 78 (CA)
      2
        (2020) 4 SCC 413
      3
H       (2011) 1 SCC 343
  DIVYA v. THE NATIONAL INSURANCE CO. LTD. & ANR.                                 965
                 [C. T. RAVIKUMAR, J.]

             (v) Loss of amenities (and/or loss of prospects of marriage).        A
             (vi) Loss of expectation of life (shortening of normal
                  longevity).
      In routine personal injury cases, compensation will be awarded
      only under heads (i), (ii)(a) and (iv). It is only in serious cases of
      injury, where there is specific medical evidence corroborating the          B
      evidence of the claimant, that compensation will be granted under
      any of the heads (ii)(b), (iii), (iv) and (vi) relating to loss of future
      earnings on account of permanent disability, future medical
      expenses, loss of amenities (and/or loss of prospects of marriage)
      and loss of expectation of life.”                                           C
       9. Bearing in mind the aforesaid decisions carrying salutary
principles for the purpose of computing compensation in cases where
serious injuries having lifelong disabilities occurred and also the fact that
to bring back the appellant to a stage where she would be able to attend
her quotidian needs, on her own, is also an impossibility, we will proceed        D
to consider the question whether compensation granted by the High Court
require enhancement/grant of compensation is warranted on any ground.
      10. The learned counsel for the appellant placed reliance on the
decision in Kajal’s case (supra) to claim enhancement/grant, of
compensation under different heads. On careful scrutiny of the heads of           E
compensation, bearing in mind the aforesaid decision, we find that the
appellant is entitled to enhancement/grant, of compensation on certain
grounds.
      (1) Attender Charges :- towards ‘attender charges’ the High Court
      has granted a lumpsum amount of Rs. 1 Lakh. In the decision in              F
      Kajal’s case this Court held that when compensation is awarded
      in lumpsum, various factors had to be taken into consideration
      and usually for ordering grant of lumpsum amount this Court always
      followed a multiplier system. It was further held that various factors
      such as inflation rate, rate of interest payable on the lumpsum
      award, the longevity of the claimant and other issues such as the           G
      uncertainties of life are factors to be taken into account while
      following the said system. Furthermore, it is held therein that
      adoption of multiplier method would ensure justice between parties
      and thus results in award of “just compensation” within the meaning
      of MV Act. The notional income fixed by the High Court in the
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966             SUPREME COURT REPORTS                          [2022] 14 S.C.R.


A            instant case requires no interference. The grievance raised in
             relation to its fixation merits no consideration reckoning the age
             when she met with the accident.
              10.1.1 An incongruity appears to exist in the matter of selection
      of multiplier in the case of persons belonging to the age group up to 15
B     years. In the decision in Kajal’s case in respect of the appellant/claimant
      belonging to the said age group the two-Judge Bench took the multiplier
      as 18. This was followed by another two-Judge Bench in Abhimanyu
      Pratap Singh Vs. Namita Sekhon & Anr.4. However, in the case on
      hand the multiplier as relates the appellant/claimant belonging to the self-
      same age group (at the time of the accident) was taken as 15. In this
C     context it is relevant to refer to the Constitutional Bench decision of this
      Court in National Insurance Company Ltd. vs. Pranay Sethi 5. The
      Constitutional Bench after taking into account the decisions in Sarla
      Verma (Smt) & Ors. vs. Delhi Transport Corporation & Anr.6 case,
      Reshma Kumari & Ors. V. Madan Mohan & Anr.7 case and Rajesh
D     v. Rajbir Singh8 case observed that the formula relating to multiplier
      has been clearly stated in Sarla Verma’s case and it has been approved
      in Reshma Kumari’s case. Thereafter, it was held in Pranay Sethi’s
      case thus, the selection of multiplier shall be as indicated in the table in
      Sarla Verma’s case read with paragraph 42 of that judgment. The two-
      Judge Bench in Abhimanyu Pratap Singh’s case (supra) found that in
E     column No. 4 of the table referred to in paragraph 42 of Sarla Verma’s
      case virtually no multiplier has been shown. This is certainly true as in
      the table the figure ‘15’ is shown only in column No. 5 which is the
      multiplier specified in second column in the table in II, Schedule-II, MV
      Act. In fact, in column No. 4 of the table in Sarla Verma’s case the
F     highest multiplier is ‘18’ and it is shown applicable to two age groups;
      firstly, to the age group of 15 to 20 years and secondly, to the age group
      of 21 to 25 years. It is in the said circumstances, that as relates the age
      group up to 15 years the multiplier was selected as ‘18’.
             10.1.2 As noticed herein the Constitutional Bench in Pranay
G     Sethi’s case at paragraph 57 observed that the formula relating to multiplier
      has been clearly stated in Sarla Verma’s case (supra) and it has been
      4
        (2022) 8 SCC 489
      5
        (2017) 16 SCC 680
      6
        (2009) 6 SCC 121
      7
        (2013) 9 SCC 65
      8
H       (2013) 9 SCC 54
  DIVYA v. THE NATIONAL INSURANCE CO. LTD. & ANR.                              967
                 [C. T. RAVIKUMAR, J.]

approved in Reshma Kumari’s case (supra). It is also relevant to note          A
that as per conclusion No. 2 in paragraph 1 of Pranay Sethi’s case the
Constitutional Bench declared thus:
      “As Rajesh has not taken note of the decision in Reshma Kumari,
      which was delivered at earlier point of time, the decision in Rajesh
      is not a binding precedent.”                                             B
      10.1.3 In the said circumstances, in the light of the aforesaid
observation and conclusion and also taking note of the fact that Reshma
Kumari is a three-Judge Bench decision we will have to refer to the
relevant recitals in the said decision. In Reshma Kumari’s case the
conclusion in paragraph 43.2 reads thus:                                       C
      “43.2. In cases where the age of the deceased is upto 15 years,
      irrespective of 166 or 163A under which the claim for compensation
      has been made, the multiplier of 15 and the assessment as indicated
      in the second schedule subject to correction as pointed out in
      Column (6) of the table in Sarla Verma should be followed.”              D
       It is also relevant to note that after referring to paragraph 42 in
Sarla Verma’s case dealing with the multiplier the three-Judge Bench in
Reshma Kumari’s case approved the same stating thus:
      “It is high time that we move to a standard method of selection of
      multiplier, income for future prospects and deduction for personal       E
      and living expenses. The courts in some of the overseas
      jurisdictions have made this advance. It is for these reasons, we
      think we must approve the Table in Sarla Verma for the selection
      of multiplier in claim applications made Under Section 166 in the
      cases of death. We do accordingly. If for the selection of multiplier,   F
      Column (4) of the Table in Sarla Verma is followed, there is no
      likelihood for the claimants who have chosen to apply under Section
      166 being awarded lesser amount on proof of negligence on the
      part of the driver of the motor vehicle than those who prefer to
      apply under Section 163-A. As regards the cases where the age
      of the victim happens to be up to 15 years, we are of the                G
      considered opinion that in such cases irrespective of Section 163-
      A or Section 166 under which the claim for compensation has
      been made, multiplier of 15 and the assessment as indicated in the
      Second Schedule subject to correction as pointed out in Column
      (6) of the Table in Sarla Verma should be followed. This is to
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968               SUPREME COURT REPORTS                        [2022] 14 S.C.R.


A           ensure that the claimants in such cases are not awarded lesser
            amount when the application is made under Section 166 of the
            1988 Act. In all other cases of death where the application has
            been made under Section 166, the multiplier as indicated in Column
            (4) of the Table in Sarla Verma should be followed.
B                                                              (emphasis added)
             10.1.4 We are of the considered view that the selection of multiplier
      ‘15’ for the age group upto 15 years by the three-Judge Bench in Reshma
      Kumari’s case is having a sound basis. It is common knowledge that the
      age group of 21 to 25 years is regarded as the commencement of normal
C     productive years as referred specifically by the two-Judge Bench in
      Sarla Verma’s case at paragraph 39. True that in Sarla Verma’s case
      the same multiplier viz., ‘18’ is selected for the age group 15 to 20 years.
      In this context, it is relevant to refer to the Child and Adolescent Labour
      (Prohibition and Regulation) Act, 1986, which is an enactment to prohibit
      the engagement of children in all occupation and to prohibit the engagement
D     of adolescence in hazardous occupations and process and matters
      connected therewith and incidental thereto. In the said Act the term
      “child” has been defined in Section 2(ii) as hereunder:
            “S.2…

E           (i)                        …
            (ii)                          “child” means a person who has not
            completed his fourteenth year of age or such age as may be
            specified in the Right of Children to Free and Compulsory Education
            Act, 2009 (35 of 2009), whichever is more”
F            In the said circumstances, when there is clear prohibition under
      an enactment for engagement of children and the definition of “child”
      under the said enactment takes in children who have not completed their
      fourteenth year of age within its fold, there is certainly justification for
      selecting a lower multiplier of ‘15’ in the case of victims belonging to
      the age group upto 15 years. Since the Constitutional Bench in Pranay
G
      Sethi’s case held Rajesh’s case (supra) as not a binding precedent for
      not taking note of decision in Reshma Kumari’s case, held that the formula
      relating to multiplier has been approved in Reshma Kumari’s case after
      extracting the afore-extracted paragraph No. 43.1 and 43.2 in Reshma
      Kumari’s case and that the three-Judge Bench in Reshma Kumari held
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     DIVYA v. THE NATIONAL INSURANCE CO. LTD. & ANR.                             969
                    [C. T. RAVIKUMAR, J.]

that as regards the cases where the age of the victim happens to be upto         A
15 years the multiplier should be ‘15’ we are bound to take the multiplier
of victims upto the age group of 15 years as ‘15’. Hence, according to
us, the High Court has rightly identified the multiplier by looking into the
table in Sarla Verma’s case as 15. The physical condition of the appellant
would, undoubtedly, reveal that she would require lifelong services of
                                                                                 B
two attendants. Following the decision in Kajal’s case we thought that
in that regard Rs. 10,000/- per month can be granted and at that rate the
annual amount would come to Rs. 1,20,000/-. Applying the multiplier of
15 the amount payable under the said head would be Rs. 18 lakh (1,20,000
x 15). After deducting the amount already granted by the High Court
under that head viz., Rs. 1 lakh, the amount would be Rs. 17 lakhs.              C
       (2) Pain and Sufferings and Loss of Amenities: - Under the head
of ‘Pain and Sufferings” and “Loss of Amenities” a total of Rs. 3 lakh
(1,50,000 each) was granted by the High Court. In Kajal’s case this
Court referred to with agreement the decision in Mallikarjun v.
Divisional Manager, National Insurance Company Limited & Anr. 9                  D
whereunder, while dealing with the issue of award under this head, it
was held that it should be at least Rs. 6 lakhs if the disability is more than
90%. Since the disability in this case was already assessed as more than
90% in the light of the aforesaid decision, we are inclined to grant an
amount of Rs. 3 lakhs additionally to the appellant idest after deducting
Rs. 3 lakhs from Rs. 6 lakhs.                                                    E

       (3) Marriage Prospects: - No amount whatsoever was granted by
the High Court for loss of marriage prospects. Obviously, in Kajal’s
case (supra) this Court declined to interfere with fixation of Rs. 3 lakhs
under that head by the Tribunal concerned. We find no reason to deny
such an amount viz., Rs. 3 lakhs to the appellant for the loss of marriage       F
prospects, taking into account her physical condition.
       (4) Future Medical Treatment: - The appellant was awarded only
an amount of Rs. 1 lakh under that head by the High Court. Considering
the nature of the injuries and the present physical condition of the appellant
we are of the view that in future she will have to face a lot of medical         G
problems keeping in view of her young age and taking into account the
life expectancy of an average Indian. We are inclined to grant an amount
of Rs. 1 lakh more to the appellant.

9
    (2014) 14 SCC 396)                                                           H
970                SUPREME COURT REPORTS                         [2022] 14 S.C.R.


A            Besides the aforesaid heads we think it appropriate to grant some
      additional amount for special diet. The appellant was awarded an amount
      of Rs. 10,000/- towards Extra Nourishment. It is common knowledge
      that consumption of normal food by a person who is practically bedridden
      is not advisable and what is advisable is to have a special dietary to
      avoid putting on weight. It needs no expertise to know that if such a
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      person without any kind of regular exercise takes food with following
      dietary besides putting weight would become prone to several diseases.
      In such circumstances, we are of the view that she may have to spend
      amount for keeping her body fit, as far as possible, to adapt to the situation.
      We are inclined to grant Rs. 90,000/- more in addition to the amount of
C     Rs. 10,000/- granted under the head ‘Extra Nourishment’.
             11. In view of the enhancement/grant, of compensation the award
      granted by the High Court under the impugned judgment would stand
      modified by granting and enhancement amount of Rs. 24,90,000/- in
      addition to amount already awarded by the High Court to its compensation
D     as hereunder:




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             12. The insurance company shall be liable to deposit the said
      enhanced amount with interest at the rate of 7.5% per annum with effect
      from 29.08.2018 till the date of deposit. True that the appellant is now a
      major but at the same time taking note of her physical condition we
      thought it just and proper to issue some direction in regard to its investment
G     in the best interest of the appellant.
            13. In Kajal’s case the guidelines laid down by this Court in Kerala
      SRTC v. Susamma Thomas10 have been reproduced. The following
      guidelines are relevant for the instant case:
      10
H          (1994) 2 SCC 176
  DIVYA v. THE NATIONAL INSURANCE CO. LTD. & ANR.                             971
                 [C. T. RAVIKUMAR, J.]

      “(vi) In personal injury cases if further treatment is necessary the    A
      Claims Tribunal on being satisfied about the same, which shall be
      recorded in writing, permit withdrawal of such amount as is
      necessary for incurring the expenses for such treatment;
      (vii) In all cases in which investment in long term fixed deposits is
      made it should be on condition that the Bank will not permit any        B
      loan or advance on the fixed deposit and interest on the amount
      invested is paid monthly directly to the claimant or his guardian,
      as the case may be;
      (viii) In all cases Tribunal should grant to the claimants liberty to
      apply for withdrawal in case of an emergency. To meet with such         C
      a contingency, if the amount awarded is substantial, the Claims
      Tribunal may invest it in more than one fixed deposit so that if
      need be one such FDR can be liquidated.”
       14. After referring to those guidelines laid down in Sussama’s
case (supra) this court in Kajal’s case observed thus:-                       D
      “These guidelines protect the rights of the minors, the claimants
      who are under some disability and also widows and illiterate persons
      who may be deprived of the compensation paid to them in lump
      sum by unscrupulous elements. These victims may not be able to
      invest their monies properly and in such cases MACT as well the         E
      High Courts must ensure that investments are made in nationalised
      banks to get a high rate of interest. The interest in most cases is
      sufficient to cover the monthly expenses. In special cases, for
      reasons to be given in writing, MACT or the trial court may release
      such amount as is required. We reiterate these guidelines and direct
      that they should be followed by all the Tribunals and High Courts       F
      to ensure that the money of the victims is not frittered away.”
       15. In the said circumstances, while keeping intact the directions
issued by the High Court regarding the investment of the amount awarded
by it as per the impugned judgment, we think it proper to issue further
directions, in regard to the investment of the additional amount of           G
compensation granted as per this judgment. Since we have granted
compensation in excess of what is claimed and the appellant had remitted
court fee for the claim of Rs. 30 lakhs the appellant is liable to pay the
balance court fee for the amount granted in excess of Rs. 30 lakhs.
Therefore, the insurance company shall draw a cheque covering the
                                                                              H
972              SUPREME COURT REPORTS                        [2022] 14 S.C.R.


A     balance court fee for the amount in excess of Rs. 30 lakhs awarded
      under this judgment and produce it before the MACT. In other words,
      the balance amount need be deposited to comply with the judgment before
      the MACT by way of two cheques, in which one should be for an amount
      of Rs. 15 lakhs. MACT shall keep the said amount of Rs. 15 lakhs in a
      fixed deposit in a nationalized bank, for a period of 5 years. The bank
B
      concerned shall not permit any loan or advance on the fixed deposit and
      the interest payable on this amount shall be released on quarterly basis
      and for the care of the appellant alone. After the period of 5 years the
      MACT shall keep renewing the said amount on such terms as it deems
      just and proper, for a further term of 5 years. The amount covered by
C     the other cheque shall be released to the appellant, in accordance with
      the procedures as by now, the family must have incurred huge amount
      for the treatment of the appellant. The insurance company shall deposit
      the enhanced amount as above, within a period of 3 months from today.
             16. This appeal stands disposed of as above. There will be no
D     order as to cost. Pending application(s), if any, shall stand(s) dismissed.

      Bibhuti Bhushan Bose                                      Appeal disposed of.
      (Assisted by : Shubhanshu Das, LCRA)


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