22. The attendant charges have been awarded by the High
Court @ Rs.2,500/ per month for 44 years, which works out to
Rs.13,20,000/. Unfortunately, this system is not a proper
system. Multiplier system is used to balance out various factors.
When compensation is awarded in lump sum, various factors are
taken into consideration. When compensation is paid in lump
sum, this Court has always followed the multiplier system. The
multiplier system should be followed not only for determining
the compensation on account of loss of income but also for
determining the attendant charges etc. This system was
recognised by this Court in Gobald Motor Service Ltd. v.
R.M.K. Veluswami9. The multiplier system factors in the
inflation rate, the rate of interest payable on the lump sum
9 AIR 1962 SC 1
13
award, the longevity of the claimant, and also other issues such
as the uncertainties of life. Out of all the various alternative
methods, the multiplier method has been recognised as the most
realistic and reasonable method. It ensures better justice
between the parties and thus results in award of ‘just
compensation’ within the meaning of the Act.
In Mallikarjun v. Divisional
Manager, The National Insurance Company Limited and
Ors.14, this Court while dealing with the issue of award under
this head held that it should be at least Rs.6,00,000/, if the
disability is more than 90%. As far as the present case is
concerned, in addition to the 100% physical disability the young
girl is suffering from severe incontinence, she is suffering from
severe hysteria and above all she is left with a brain of a nine
month old child. This is a case where departure has to be made
14 2013 (10) SCALE 668
16
from the normal rule and the pain and suffering suffered by this
child is such that no amount of compensation can compensate.
30. The tribunal while awarding the compensation had stated
that the amount payable to the share of Kajal would be kept in a
Fixed Deposit till she attains the age of 18 years. The High
Court while enhancing the amount of compensation has directed
that the enhanced amount be paid to the appellant within 45
days. This is totally contrary to the guidelines laid down by this
Court in General Manager, Kerala State Road Transport
Corporation, Trivandrum v. Susamma Thomas and Ors.15,
wherein it has been held clearly that the amount payable to the
minors should not be normally released. The guidelines in this
case were as follows :