SC Enhances Compensation for 14-Year-Old with 77% Disability in Road Accident

A 14-year-old student, Riyas, suffered 77.1% permanent disability after a motor accident on 19 April 2002, when an auto-rickshaw he was travelling in was hit by a lorry. The Motor Accident Claims Tribunal (Thrissur) awarded Rs. 1.73 lakh as compensation, while the High Court enhanced it to Rs. 5.75 lakh. Dissatisfied, the appellant sought relief before the Supreme Court.

HC Decided: The High Court had based its award on a multiplier of 15, assessed monthly income at Rs. 3,620, and granted additional sums under various heads, including pain and suffering, loss of amenities, and medical expenses. The appellant, citing his severe permanent disability and long-term impact on life prospects, argued for higher compensation.

Main Issue: Whether the compensation awarded to a minor suffering 77% permanent disability in a motor accident was inadequate and warranted further enhancement under established judicial principles.

SC’s Judgment: The Supreme Court, applying principles from Pranay Sethi, Master Mallikarjun, and Kajal v. Jagdish Chand, enhanced the compensation to Rs. 15,13,337. The Court recalculated loss of future income, considered attendant charges, future medical expenses, and granted higher sums for pain, suffering, and loss of marriage prospects. It was observed that compensation for child victims must be realistic and account for long-term deprivation of life’s pleasures and opportunities.

So, an additional Rs. 7,64,454 with 8% interest from the date of filing was directed to be paid by the insurer within eight weeks. The judgment modified the High Court’s award, ensuring full, equitable restitution for the injured minor.

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