Karnataka HC Raises 10-Year-Old Girl’s Crash Compensation To Rs 5.53 Lakh, Including Future-Earning Loss Despite Her Being A Student

The claimant was about 10 years old when, on 21 March 2013, the autorickshaw in which she was travelling to school was struck by a lorry.

She sustained fractures, including to her right femur, tibia and foot, and a doctor assessed 25% permanent physical disability to her right lower limb.

She brought a claim under Section 166 of the Motor Vehicles Act, 1988. The Tribunal partly allowed the claim, awarding Rs.2,71,884 with interest at 6% per annum. The claimant appealed under Section 173(1), seeking enhancement.

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173(1) of that Act.

In assessing compensation for a non-earning minor, the Court relied on Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari, 2025 SCC OnLine SC 3446, noting that the case addressed use of the minimum wages notified for a skilled worker and an applicable multiplier of 18.

The Court held that the claimant’s status as a minor and student did not, by itself, justify denying compensation for future loss of income. Having regard to the multiple fractures to the same limb and her young age, it assessed loss of earning capacity at 9%.

As there was no material establishing the relevant skilled-worker minimum wage, it used a notional monthly income of Rs.8,000, added 40% for future prospects and applied multiplier 18, yielding Rs.2,17,728 for future loss of income. It enhanced compensation for pain and suffering and incidental expenses, reduced the award for loss of amenities, and added amounts for future medical expenses and three months’ loss of income during treatment and recuperation.

The operative order, however, directed the insurer to deposit additional compensation of Rs.2,81,882, with interest at 6% per annum from the date of the claim petition, within six weeks; it directed release of the enhanced amount with interest to the claimant.