[SC – 29.3.22] Motor Vehicles Act 1988 S. 166 – Injured – Aged 5 years  –  Accident 2010 – Minimum wages of 2010 taken as income – 40% future prospects – Not able to move both his legs and had complete sensory loss in the legs, urinary incontinence, bowel constipation and bed sore – Rs. 49,93,000/- awarded. 2022 SCeJ 0406 , 2022 PLRonline 1794

Petitioner Counsel: DEVASA & CO. , Respondent Counsel: SHASHANK MANISH

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Motor Vehicles Act 1988 S. 166 – Injured – Aged 5 years  -  Not able to move both his legs and had complete sensory loss in the legs, urinary incontinence, bowel constipation and bed sore – Has lost his childhood and is dependent on others for his routine work – Minimum wages payable to a skilled workman in 2010-11 is to the tune of Rs. 3708.70 - 40% for future prospects - Entitled to one attendant for the rest of his life though he may be able to walk with the help of assistant device -  The device also requires to be replaced every 5 years -Reasonable to award cost of 2 devices i.e., Rs.10 lakhs -  Loss of marriage prospects - Tribunal has rejected the claim of taxi expenses for the reason that the taxi driver has not been produced - It is impossible to produce the numerous taxi drivers. Still further, the Tribunal should have realized the condition of the child who had complete sensory loss in the legs -  Therefore, if the parents of the child have taken him in a taxi, probably that was the only option available to them – Awarded  Rs.2 lakhs as conveyance charges - Rs. 49,93,000/- awarded. 2022 SCeJ 0406 , 2022 PLRonline 1794