Supreme Court Enhances Compensation to Rs. 56.83 Lakh for Minor Suffering 100% Permanent Disability in Road Accident

The Supreme Court has substantially enhanced the compensation payable to a minor road accident victim who suffered 100% permanent disability, raising the total compensation from ₹12.17 lakh awarded by the Rajasthan High Court to ₹56.83 lakh. The Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar has observed that the compensation granted by the High Court was inadequate considering the nature of injuries, lifelong dependency, and the need for continuous attendant care. The case arose from a road accident that occurred on November 8, 2016, when the appellant, then aged about 14 years, was travelling as a pillion rider on a motorcycle on Mundoita Kalawar Road in Rajasthan. Due to the negligent driving of the motorcycle rider, the vehicle rammed into the rear portion of a tractor trolley. The minor victim suffered severe injuries to the neck, head, backbone and multiple fractures. He remained hospitalised for around 203 days and was rendered permanently disabled to the extent of 100%. The claimant had initially sought compensation of ₹22.45 lakh before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988. The Tribunal awarded compensation of ₹7.76 lakh, including amounts towards loss of income, medical expenses, attendant charges and mental agony. Buy Now: Supreme Court Judgments E-Compilation – April 2026 On appeal, the Rajasthan High Court partly enhanced the compensation to ₹12.17 lakh by granting additional amounts under heads such as future prospects, loss of marriage prospects and future medical treatment. However, dissatisfied with the partial enhancement, the claimant approached the Supreme Court seeking further enhancement. Before the Supreme Court, the appellant contended that the notional income fixed by the High Court at ₹30,000 annually was extremely low considering prevailing wage standards. It was further argued that the victim required lifelong assistance due to complete disability and therefore attendant charges awarded by the High Court were grossly inadequate. Reliance was placed on earlier Supreme Court judgments including Kajal v. Jagdish Chand and Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari. The Insurance Company opposed the appeal and argued that compensation awarded by the High Court was reasonable. It submitted that notional income should be calculated on the basis of minimum wages applicable to a skilled worker in Rajasthan in 2016, which was ₹5,746 per month. Accepting the claimant’s plea for enhancement, the Supreme Court observed that the High Court had fixed the notional income on the lower side. The Court held that the minimum wages payable to a skilled worker in Rajasthan in 2016 should form the basis for calculating compensation. Accordingly, the monthly notional income was fixed at ₹5,800, resulting in an annual income of ₹69,600. After adding 40% future prospects and applying a multiplier of 18 considering the claimant’s age, the Court calculated loss of income at ₹17.53 lakh. The Court also found the attendant charges awarded by the High Court to be insufficient. Relying on the principles laid down in Kajal v. Jagdish Chand, the Bench held that the victim would require the services of two attendants round the clock for the rest of his life due to the permanent disability suffered. The Court therefore awarded ₹21.60 lakh towards attendant charges by taking ₹10,000 monthly cost for two attendants and applying the multiplier method. Importantly, the Supreme Court directed that 75% of the amount awarded towards attendant charges be invested in a fixed deposit so that the claimant could receive annual withdrawals while preserving the corpus for future care needs. The Court further enhanced compensation under various heads, including ₹10 lakh towards mental pain, suffering and loss of amenities, ₹3 lakh towards future medical expenses, ₹3 lakh for loss of marriage prospects, and ₹1 lakh towards special diet and transportation. The Supreme Court modified the Rajasthan High Court judgment and awarded a total compensation of ₹56,83,663 along with interest at 6% per annum from the date of filing of the claim petition until actual payment. Case Details Case Title: Hansraj Versus Mukesh Nath And Others Citation: JURISHOUR-1122-SC-2026 Case No.: SLP (C) NO.13122 OF 2024 Date: 06/06/2026 Click Here To Read Order Read More: Supreme Court Reduces Punishment Against Senior Doctor From 3-Month Medical Register Removal To Censure Warning

Supreme Court Enhances Compensation to Rs. 56.83 Lakh for Minor Suffering 100% Permanent Disability in Road Accident

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