Supreme Court Grants Rs 56 Lakh Compensation For Motor Accident Leaving 14 Year Old 100% Disabled

The Supreme Court has enhanced compensation to ₹56.83 lakh for a 14-year-old boy who suffered 100% permanent disability in a road accident, holding that the amounts awarded by the Motor Accident Claims Tribunal and the Rajasthan High Court were grossly inadequate considering the lifelong impact of the injuries.

A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar allowed the appeal filed by Hansraj, who was 14 years old at the time of the 2016 accident.

The boy, who was travelling as a pillion rider on a motorcycle, suffered grievous injuries to his neck, head and backbone after the motorcycle hit the rear portion of a tractor trolley. He remained hospitalised for about 203 days and was left with 100% permanent disability.

The Motor Accident Claims Tribunal had awarded compensation of ₹7.76 lakh, which was later enhanced by the Rajasthan High Court to ₹12.17 lakh. Dissatisfied with the partial enhancement, the claimant approached the Supreme Court seeking higher compensation.

The Supreme Court held that the High Court had taken an unduly low notional income of ₹30,000 per annum. The Bench observed that the income ought to have been assessed on the basis of minimum wages payable to a skilled worker in Rajasthan in 2016.

Taking the monthly notional income at ₹5,800 and adding 40% future prospects, the Court recalculated the loss of income at ₹17.53 lakh by applying a multiplier of 18.

The Court also substantially enhanced attendant charges, observing that the claimant would require round-the-clock assistance from two attendants for the rest of his life. Relying on its earlier judgment in Kajal v. Jagdish Chand, the Bench awarded ₹21.60 lakh towards attendant charges.

“Insofar as mental pain and suffering alongwith loss of amenities is concerned, the amount ₹10,00,000/- can be awarded,” the Court observed while also enhancing compensation towards future medical expenses and loss of marriage prospects.

The final compensation awarded by the Court included ₹17.53 lakh towards loss of income, ₹21.60 lakh towards attendant charges, ₹10 lakh towards pain and suffering and loss of amenities, ₹3 lakh towards future medical expenses, ₹3 lakh towards loss of marriage prospects and ₹1 lakh towards special diet and transportation expenses.

The Court directed that the compensation amount would carry interest at 6% per annum from the date of filing of the claim petition till actual payment. It further ordered that 75% of the amount awarded towards attendant charges be invested in a fixed deposit so that the claimant's future care expenses could be met.

Headnote

Motor Vehicles Act, 1988 — Section 166 & 173 — Motor Accident Claim — Enhancement of Compensation — 100% Permanent Disability of a 14-year-old Minor Pillion Rider - Notional Income Evaluation - The Supreme Court held that the High Court erred in fixing the minor claimant's notional annual income at a low rate of ₹30,000/- The notional income must be determined based on the prevailing minimum wages admissible for a skilled workman in the state at the time of the accident - Since the minimum wages for a skilled workman in Rajasthan in 2016 were ₹5,746/- per month, Supreme Court rounded it off to ₹5,800/- per month (amounting to ₹69,600/- annually) - After adding 40% for future prospects and applying a multiplier of 18, the loss of income was enhanced to ₹17,53,920/- Supreme Court modified the meager attendant charges of ₹1,21,800/- awarded by the High Court - Pointing out that the minor appellant suffered 100% permanent disability and requires the continuous assistance of two attendants round the clock for the rest of his life, computed the charges using the minimum wages of a semi-skilled workman (₹5,000/- per month per attendant) - Applying a multiplier of 18, the Court enhanced the attendant charges to ₹21,60,000/- To secure the minor's future, the Court directed that 25% of this amount be released immediately, while the remaining 75% be kept in a fixed deposit, with ₹1,50,000/- released annually to earn continuous interest - Supreme Court significantly enhanced compensation under alternative heads to meet the ends of justice: ₹10,000,00/- for mental pain, suffering, and loss of amenities; ₹3,00,000/- for future medical expenses; ₹3,00,000/- for loss of marriage prospects; and ₹1,00,000/- for special diet and transportation, bringing the total modified compensation to ₹56,83,663/- with 6% interest per annum. [Relied on Kajal v. Jagdish Chand and Others, 2020 INSC 135; Paras 8-11]

Case: Hansraj v. Mukesh Nath & Ors

Citation : 2026 LiveLaw (SC) 468

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