A minor with 12% whole-body disability is entitled to ₹3 lakh under Master Mallikarjun.

On 13 July 2003, the appellant, aged approximately 14 years and travelling as a passenger in an S.T. bus, sustained grievous injuries when a truck allegedly driven rashly and negligently collided with the bus.

The appellant claimed compensation for the injuries and permanent disability suffered in the accident.

The Motor Accident Claims Tribunal, Panchmahals at Godhra, partly allowed M.A.C.P. No. 1553 of 2005 by awarding ₹45,500 with interest at 9% per annum from the date of filing of the claim petition.

The Tribunal assessed the appellant’s disability at 12% of the whole body and his notional income at ₹15,000 per annum.

Aggrieved by the quantum of compensation, the claimant preferred the present appeal seeking enhancement.

Whether the compensation awarded to a minor claimant suffering 12% permanent disability of the whole body was required to be enhanced under the principles laid down in Master Mallikarjun v. Divisional Manager, National Insurance Co. Ltd.?

Whether the amounts awarded towards medical expenses and special diet, attendant and transportation charges required interference?

Whether the enhanced compensation should carry interest at 9% per annum from the date of filing of the claim petition until realization?

The Court applied the principles governing “just compensation” under the Motor Vehicles Act, 1988, and relied principally on the Supreme Court’s judgment in Master Mallikarjun v. Divisional Manager, National Insurance Co. Ltd., (2014) 14 SCC 396.

Under Master Mallikarjun, where a child suffers permanent disability in a motor-vehicle accident, compensation under the heads of pain and suffering, mental and physical shock, hardship, inconvenience, discomfort and loss of amenities should ordinarily be assessed on a lump-sum basis, in addition to actual treatment-related expenses; for permanent disability exceeding 10% and up to 30% of the whole body, the indicated amount is ₹3,00,000.

The Court also upheld the principle that proved medical, attendant, special diet and transportation expenses are separately recoverable.

The Court found that the appellant was a 14-year-old student at the time of the accident and that his permanent disability had been assessed at 12% of the whole body.

These facts brought the case squarely within the 10%–30% disability bracket prescribed in Master Mallikarjun.

Accordingly, the Court substituted the compensation awarded under the heads of “future economic loss” and “pain, shock and suffering” with a consolidated sum of ₹3,00,000 for pain and suffering, mental and physical shock, hardship, inconvenience, discomfort and loss of amenities arising from permanent disability.

The amounts of ₹2,000 for medical expenses and ₹4,500 for special diet, attendant and transportation charges were found just and proper and were therefore maintained.

The resulting total compensation was ₹3,06,500, from which the Tribunal’s award of ₹45,500 was deducted, producing an enhancement of ₹2,61,000.

The existing rate of interest at 9% per annum was also maintained.

The appellant was held entitled to total compensation of ₹3,06,500, representing an enhancement of ₹2,61,000, with interest at 9% per annum from the date of filing of the claim petition until realization.

Respondent Nos. 3 and 5 were directed to satisfy the award, including the enhanced amount, in the same ratio determined by the Tribunal within six weeks of receiving the judgment.

Upon deposit, the Tribunal was directed to disburse the awarded amount to the appellant after due verification and deduction of any deficit court fee.