Compensation for minors enhanced by applying statutory minimum wages and awarding comprehensive non-pecuniary damages.

The appellants, two minors (Vivek Patel, aged 10, and Vinay Patel, aged 12), sustained injuries in a common vehicular accident involving a truck (No. CG 13 L 6558) owned by Respondent No. 1 and insured by Respondent No. 3

They filed separate claim applications before the Additional Motor Accident Claims Tribunal, Sarangarh. By awards dated 30.11.2019 and 24.12.2019, the Tribunal granted compensation

The appellants preferred these appeals under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation, contending that the Tribunal assessed income incorrectly and awarded inadequate amounts under non-pecuniary heads such as pain and suffering, special diet, and transportation

1. Whether the compensation awarded by the Claims Tribunal in both cases was just and reasonable or required enhancement under various pecuniary and non-pecuniary heads

2. Whether the assessment of the monthly income for the claimant in MAC No. 651 of 2020 should be revised in accordance with the Chhattisgarh Minimum Wages Notification

The court primarily applied Section 173 of the Motor Vehicles Act, 1988, which governs appeals against tribunal awards

It relied on the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner to determine the standard of monthly income for unskilled or relevant labor categories at the time of the accident

Furthermore, the court followed established judicial principles for calculating compensation in personal injury cases, including provisions for "Future Prospects," "Loss of Amenities," "Pain and Suffering," and "Loss of Marriage Prospects"

The High Court observed that the Tribunal erred in its factual assessment of the claimants' entitlements.

Regarding MAC No. 651, the court found the Tribunal’s income assessment of ₹6,000 per month to be deficient, revising it to ₹6,549 per month as per the prevailing Minimum Wages Notification

For Vivek Patel (MAC 654), the court introduced or enhanced heads for loss of amenities, special diet, and loss of income during treatment, totaling an enhancement of ₹1,19,915

For Vinay Patel (MAC 651), the court applied a 40% addition for future prospects and significantly increased the awards for pain and suffering (to ₹4,00,000), loss of amenities (₹2,00,000), and loss of marriage prospects (₹2,00,000), resulting in an enhancement of ₹9,53,010

The court justified these increases by noting the severity of the injuries and the long-term impact on the minors' lives

In MAC No. 654 of 2020, the compensation was increased from ₹4,81,700 to ₹6,01,615

In MAC No. 651 of 2020, the compensation was increased from ₹57,63,648 to ₹67,16,658

The court directed the respondents to deposit the additional amounts (₹1,19,915 and ₹9,53,010 respectively) within three months, carrying an interest rate of 9% per annum from the date of the claim application until realization

All other conditions of the original awards remained intact