The Supreme Court has enhanced the compensation awarded to a 14-year-old boy who suffered 100 per cent permanent disability in a road accident, observing that the amounts granted earlier by the Motor Accident Claims Tribunal and the Rajasthan High Court were wholly inadequate given the lifelong consequences of the injuries.
The Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar allowed the appeal filed by Hansraj, who was a minor at the time of the accident in 2016. The boy was travelling as a pillion rider on a motorcycle when it collided with the rear side of a tractor trolley. He sustained severe injuries to his neck, head and spine, remained hospitalised for nearly 203 days, and was ultimately left with 100 per cent permanent disability.
The Motor Accident Claims Tribunal had initially awarded compensation of Rs 7.76 lakh, which was later increased by the Rajasthan High Court to Rs 12.17 lakh. Unsatisfied with the enhancement, the claimant approached the Supreme Court seeking just compensation.
The Supreme Court found that the High Court had assessed the claimant’s notional income at an unreasonably low figure of Rs 30,000 per annum. The Bench held that the income should instead have been determined on the basis of the minimum wages payable to a skilled worker in Rajasthan in 2016. Fixing the monthly notional income at Rs 5,800 and adding 40 per cent towards future prospects, the Court recalculated the loss of income at Rs 17.53 lakh after applying a multiplier of 18.
The Court also significantly enhanced the amount awarded towards attendant charges, noting that the claimant would require continuous assistance from two attendants throughout his life. Relying on its earlier decision in Kajal v. Jagdish Chand, the Bench granted Rs 21.60 lakh under this head.
Citing mental pain and suffering alongwith loss of amenities is concerned, the amount Rs 10,00,000/- was awarded, the Court observed while also increasing the compensation towards future medical expenses and loss of marriage prospects.
The final compensation awarded by the Court included Rs 17.53 lakh towards loss of income, Rs 21.60 lakh towards attendant charges, Rs 10 lakh towards pain and suffering and loss of amenities, Rs 3 lakh towards future medical expenses, Rs 3 lakh towards loss of marriage prospects and Rs 1 lakh towards special diet and transportation expenses.
The Court further directed that the compensation amount would carry interest at the rate of 6 per cent per annum from the date of filing of the claim petition until actual payment. It also ordered that 75 per cent of the amount awarded towards attendant charges be invested in a fixed deposit to ensure that the claimant’s long-term care needs are adequately met.
The court in conclusion observed that the calculation of a victim’s future must be rooted in the harsh realities of their lifelong needs rather than arbitrary notional figures.
The post Supreme Court grants Rs 56.83 lakh motor accident compensation to fully disabled minor appeared first on India Legal.