Madras High Court
Transport, Maritime, and Aviation LawCivil Law

An injured minor’s disability compensation was enhanced to ₹6,000 per percentage point.

MINOR MAHALAKSHMI vs B.CHITHRA

Madras High CourtJUDGMENT: September 23, 20262 MIN READSOURCE JUDGMENT
An injured minor’s disability compensation was enhanced to ₹6,000 per percentage point.. MINOR MAHALAKSHMI vs B.CHITHRA. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, a minor travelling as a pillion rider, sustained injuries, including a fracture to her right leg, when the two-wheeler on which she was riding collided with the first respondent’s lorry.

Source reference: pp. 2–4

The Tribunal found the lorry driver negligent and awarded the claimant Rs.70,000, including Rs.25,000 for 5% disability.

Source reference: pp. 2–4

The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, contending that the amounts awarded for disability and other heads were inadequate.

Source reference: pp. 2–4, 7

The High Court noted that the claimant was a minor and school-going at the time of the accident.

Source reference: p. 6
02

Issues

Whether the compensation awarded for the claimant’s 5% disability should be enhanced.

Source reference: pp. 5–6

Whether the amounts awarded for pain and suffering, transportation, nutrition, and discomfort and loss of social enjoyment warranted enhancement.

Source reference: pp. 5–7
03

Law Applied

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988.

Source reference: p. 1

The Court applied no identified precedent or separately articulated statutory test for reassessing quantum.

Source reference: no citation

It assessed compensation by reference to the evidence of injury and disability, the claimant’s age and status as a school-going child, and the amounts appropriate under the individual heads of compensation.

Source reference: p. 6
04

Reasoning

The Court accepted the Medical Board’s assessment of 5% disability but considered Rs.5,000 per percentage inadequate given the claimant’s fracture and minority; it increased the rate to Rs.6,000 per percentage, producing Rs.30,000 for disability.

Source reference: p. 6

It left pain and suffering at Rs.25,000, but raised transportation expenses from Rs.5,000 to Rs.10,000, nutrition charges from Rs.5,000 to Rs.25,000, and discomfort and loss of social enjoyment from Rs.10,000 to Rs.15,000, taking account of the claimant’s age and injury.

Source reference: pp. 6–7
05

Holding

The appeal was partly allowed, and the total compensation was enhanced from Rs.70,000 to Rs.1,05,000.

The second respondent insurer was directed to deposit the enhanced compensation, less any amount already deposited, with interest at 7.5% per annum from the date of the claim petition until deposit, within eight weeks.

Source reference: p. 7

The claimant may withdraw the amount, subject to sums already withdrawn and the Tribunal’s directions on disbursement; no costs were awarded.

Source reference: p. 7
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Motor Vehicles Act, 19881

Madras High Court

Original Court PDF

MINOR MAHALAKSHMIvsB.CHITHRA

Madras High Court · September 23, 2026

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