For children with 10–30% permanent disability, ₹3 lakh is awardable under non-medical compensation heads.

On 21 April 1999, the claimant, aged approximately 13 years, was travelling as a labourer in a trolley attached to a tractor.

The tractor was allegedly driven rashly and negligently, causing the tractor and trolley to separate and throwing the occupants out, resulting in multiple injuries to the claimant.

The Motor Accident Claims Tribunal partly allowed the claim petition and awarded ₹1,30,000 with interest at 9% per annum from the date of filing until realization.

The claimant challenged the award before the High Court solely on the ground of inadequacy of compensation.

The Tribunal had assessed the claimant’s functional disability at 13% of the whole body.

1. Whether the compensation awarded to the minor claimant, who suffered 13% permanent disability in the motor accident, was required to be enhanced in accordance with the principles laid down in Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited & Anr.

2. Whether the claimant was entitled to additional amounts towards parental loss of earnings during hospitalization and medical/incidental expenses, and whether interest on the enhanced compensation was subject to exclusion for the period of delay in filing the appeal.

The Court applied the principle in Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited & Anr., (2014) 14 SCC 396, that in cases involving permanent disability to children, compensation under non-treatment heads—including pain and suffering, mental and physical shock, hardship, inconvenience, discomfort, and loss of amenities—should ordinarily be ₹3,00,000 where disability is above 10% and up to 30% of the whole body; the prescribed amounts increase for higher percentages of disability.

The Court also applied the principle that reasonable compensation may be awarded for parental discomfort, inconvenience and loss of earnings during the child’s hospitalization, as well as medical and incidental expenses, even where exact medical bills are not produced.

Interest was payable at the rate awarded by the Tribunal, but the claimant was disentitled to interest for the 2,204-day period of delay in filing the appeal, pursuant to the order condoning the delay.

Since the claimant was a minor at the time of the accident and his permanent disability was assessed at 13% of the whole body, the Court held that the category of compensation specified in Master Mallikarjun—disability above 10% and up to 30%—was applicable.

It therefore awarded ₹3,00,000 for pain and suffering, mental and physical shock, hardship, inconvenience, discomfort and loss of amenities.

Considering the multiple fractures and period of hospitalization, it further awarded ₹10,000 for parental discomfort, inconvenience and loss of earnings, and ₹10,000 as a global amount for medical and incidental expenses despite the absence of medical bills.

The total compensation was consequently recalculated at ₹3,20,000, from which the ₹1,30,000 already awarded was deducted, resulting in an additional award of ₹1,90,000.

The claimant was held entitled to total compensation of ₹3,20,000, including the amount already awarded, and an additional sum of ₹1,90,000.

The additional compensation was to carry interest at 9% per annum from the date of filing of the claim petition until realization, excluding the 2,204-day period of delay in filing the appeal.

Respondent No. 4–Insurance Company was directed to deposit the additional compensation and applicable interest within six weeks, after which the Tribunal was to disburse the amount after verification and deduction of any deficit court fees.