Compensation for a minor aged 5 years
The notional income of a minor aged 5 years in a motor accident claim should be fixed based on the minimum wages for skilled workers as per the state notification for Kerala, as per GO (P) No 56 /2017 Fin dated 28/4/2017 as the Second Schedule has been omitted, says the Kerala High Court in Master Jyotish Raj Krishna @ Jyothi Krishna v Sunny George & Others [ 2024:KER:87009].
The minimum wages for field workers was fixed as Rs 17325 per month with effect from 1/4/2016 and therefore overrules National Insurance Company and others v K.K.Assainar [2019 (4) KLT 39], as stated in para 15 of the judgement.
Claim for loss of earning & permanent disability permissible
The court held that there is no bar for claiming compensation under the head loss of earning as well as for permanent disability for minors below 15 years, as stated in para 19 of the judgement.
Multiplier 5 should be used
The multiplier 15, but not 18, should be adopted as the differentiation between a major and a minor defies logic. Combining future treatment charges and bye stander expenses are distinct heads and calculated separately, as stated in para 22.4 of the judgement.
References
- Master Jyotish Raj Krishna @ Jyothi Krishna v Sunny George & Others [ 2024:KER:87009]
- National Insurance Company and others v K.K.Assainar [2019 (4) KLT 39]
