Combined orthopedic and dental disabilities supported an 18.66% whole-body disability assessment for the child claimant.

The claimant, aged 12, sustained a right femur fracture and nasal and dental-alveolar fractures in a road accident on 17 April 2024.

The MACT awarded him ₹10,22,553, including compensation for medical expenses, pain and suffering, attendant charges, income during treatment, and loss of future earnings due to disability.

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

1. Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s injuries and the evidence of disability.

2. Whether the claimant was entitled to compensation under heads not awarded, including loss of amenities and future medical expenses.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against a MACT award.

In assessing compensation, the Court applied the Karnataka State Legal Services Authority’s notional income of ₹17,000 per month for 2024, used the multiplier of 15 for a 12-year-old claimant, and assessed whole-body disability by reference to the medical evidence.

The judgment cites no precedent; it determined the appropriate compensation by evaluating the evidence and the relevant heads of loss.

The Court substituted the 2024 notional income of ₹17,000 for the Tribunal’s ₹15,000 figure.

It enhanced pain-and-suffering compensation to ₹1,20,000 and awarded ₹80,000 for loss of amenities, having regard to the fractures and treatment.

It allowed ₹34,000 for the parent’s loss of income during the claimant’s two-month recovery period, while maintaining the Tribunal’s awards for medical expenses and attendant charges.

Based on the doctors’ evidence, it assessed whole-body disability at 18.66% and calculated future loss of earnings using the multiplier of 15, resulting in ₹5,70,996; it also awarded ₹30,000 for future medical expenses.

The insurer was directed to deposit the enhanced amount within six weeks, and the entire enhanced compensation with interest was to be placed in fixed deposit in the minor claimant’s name until he attained majority.