The Supreme Court recently enhanced compensation to ₹56.83 lakh for a boy who suffered 100% permanent disability in a road accident at the age of 14, observing that the compensation awarded earlier failed to adequately account for the devastating 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 severely injured in a 2016 accident while travelling as a pillion rider on a motorcycle.

According to the case records, the motorcycle rammed into the rear side of a tractor trolley, causing Hansraj to sustain grievous injuries to his neck, head and spine. He remained hospitalised for nearly 203 days and was eventually left with 100% permanent disability.

The Motor Accident Claims Tribunal (MACT) had initially awarded compensation of ₹7.76 lakh. The amount was later increased to ₹12.17 lakh by the Rajasthan High Court. However, dissatisfied with the enhancement, Hansraj approached the Supreme Court of India seeking just compensation.

The Supreme Court found that the High Court had assessed the claimant’s notional annual income at an unduly low figure of ₹30,000. The Bench held that the calculation should instead be based on the minimum wages payable to a skilled worker in Rajasthan at the time of the accident in 2016.

Taking the monthly notional income at ₹5,800 and adding 40% towards future prospects, the Court recalculated the loss of future earnings at ₹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 care and assistance throughout his life. Relying on its earlier judgment in Kajal v. Jagdish Chand, the Bench awarded ₹21.60 lakh under this head.

“Insofar as mental pain and suffering alongwith loss of amenities is concerned, the amount ₹10,00,000/- can be awarded,” the Court observed.

Apart from this, the Court granted ₹3 lakh towards future medical expenses, ₹3 lakh for loss of marriage prospects and ₹1 lakh towards special diet and transportation expenses.

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, suffering and loss of amenities,
• ₹3 lakh towards future medical expenses,
• ₹3 lakh towards loss of marriage prospects, and
• ₹1 lakh towards transportation and special diet expenses.

The Court further directed that the enhanced compensation would carry interest at 6% per annum from the date of filing of the claim petition until actual payment.

To secure the claimant’s long-term care needs, the Bench ordered that 75% of the amount awarded towards attendant charges be invested in a fixed deposit.