An injured minor’s notional income is assessed at the State minimum wage for skilled workers.

The claimant, aged about 14 at the time, was injured when a car struck him while he was walking beside the road in Sokke Village on 13 March 2021.

He sustained fractures to his right tibia and fibula, was hospitalised for 12 days, and was assessed as having 33% disability to his right lower limb.

The Tribunal awarded him ₹2,97,260.

He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Claims Tribunal.

In Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari, 2025 INSC 1070, the Supreme Court held that a minor’s income for compensation purposes should be assessed by reference to the minimum wages of a skilled worker in the State.

Relying on National Insurance Co. Ltd. v. Pranay Sethi, AIR 2017 SC 5157, the Court applied a multiplier of 15 for a child below 15 years of age.

The Court accepted the doctor’s assessment of 33% disability to the claimant’s right lower limb and used 11% for calculating loss of future earning capacity.

Applying the skilled-worker minimum wage of ₹13,407 per month and a multiplier of 15, it calculated future earning loss at ₹2,65,458 (₹13,407 × 12 × 15 × 11%).

It treated that amount as inclusive of the Tribunal’s award for pain and suffering, added ₹30,000 for loss of amenities, and left the Tribunal’s awards under the remaining heads undisturbed.

The Court enhanced the total compensation from ₹2,97,260 to ₹4,42,710, with interest at 6% per annum on the enhanced compensation from the date of the petition until realisation.

The insurer was directed to deposit the compensation with accrued interest before the Tribunal within eight weeks of receiving the certified copy of the judgment; disbursement and deposit were left to the Tribunal’s order.