Compensation for a minor’s accident injuries may include future medical and incidental treatment expenses.

The appellant, a six-year-old child, sustained head and leg injuries in a motor accident on 16 November 2019. He was hospitalised for approximately 12 days and underwent plastic surgery on his head.

His medical bills totalled ₹2,49,476; however, no documents or medical certificate established permanent disability or fractures.

The Claims Tribunal awarded ₹3,22,476. The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, including compensation for future medical expenses and increased amounts under several heads.

1. Whether the compensation awarded by the Claims Tribunal was inadequate in light of the claimant’s injuries, hospitalisation and treatment-related expenses.

2. Whether the claimant was entitled to compensation for future medical expenses despite the absence of evidence establishing permanent disability or fractures.

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

The Court assessed whether the compensation was appropriate in light of the evidence and the circumstances of the injury and treatment, including reasonable incidental expenses that may be incurred during hospitalisation but not supported by formal receipts.

The Court noted that the claimant had produced bills for medical expenses and had been treated in Raipur after travelling from Bilaspur; it also observed that treatment commonly entails miscellaneous out-of-pocket expenses for which receipts may not be available.

Although there was no evidence of permanent disability or fractures, the injuries, 12-day hospitalisation and head surgery supported increased compensation for the father’s loss of income during treatment, mental and physical agony, special diet and transport expenses, as well as an award for future medical treatment.

The Court recalculated the total compensation at ₹4,45,000.

The award was enhanced from ₹3,22,476 to ₹4,45,000, entitling the claimant to an additional ₹1,22,524, with interest at 6% per annum from the date of the claim application until realisation.

The remaining conditions of the Tribunal’s award were left unchanged.

The Registry was directed to communicate the enhanced amount to the claimant in Hindi Devanagari, with paralegal assistance if required.