Karnataka HC Raises 12-Year-Old Motorcycle Crash Victim’s Compensation To Rs 2.94 Lakh, Including Future Income Loss

On 2 January 2013, 11-year-old Naveen Kumar was struck by a motorcycle while crossing the road and sustained, among other injuries, a spiral fracture of the left tibia.

He brought a claim under Section 166 of the Motor Vehicles Act, 1988, against the motorcycle’s owner and insurer.

The Tribunal found the accident resulted from the rider’s rash and negligent riding, assessed the claimant’s whole-body disability at 6%, and awarded ₹1,10,000 with interest at 8% per annum.

The claimant appealed under Section 173(1), seeking enhancement.

The appeal concerned the adequacy of compensation, including compensation for future loss of income and other heads.

Under Section 166 of the Motor Vehicles Act, 1988, a claimant may seek compensation for injuries arising from a motor-vehicle accident; Section 173(1) provides for an appeal against the Tribunal’s award.

Relying on Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari and Anr., 2025 SCC OnLine SC 3446, the Court stated that, for a non-earning minor, the minimum wage notified for skilled workers for the relevant period should be considered and multiplier 18 applied; where the relevant wage material is unavailable, the Court may assess income on the available basis.

Relying on Erudhaya Priya v. State Express Transport Corporation Ltd., 2020 SCC OnLine SC 601, it applied the principle that future prospects may be considered in personal-injury claims.

The claimant was a non-earning minor, and no material on the applicable notified minimum wage was available.

The Court therefore adopted notional monthly income of ₹8,000 for 2013.

It applied the Tribunal’s 6% whole-body disability assessment, multiplier 18, and 40% future prospects, calculating future loss of income at ₹1,45,152.

It enhanced pain-and-suffering compensation from ₹20,000 to ₹40,000 and loss of amenities from ₹20,000 to ₹40,000, and increased future medical expenses from ₹15,000 to ₹25,000 in view of the evidence that implant removal would require another operation.

It awarded ₹24,000 for three months’ loss of income during recovery.

It made no enhancement to medical expenses or incidental expenses, finding the existing amounts adequate.

It enhanced the total compensation from ₹1,10,000 to ₹2,94,152, with interest at 8% per annum from the date of the claim petition until deposit.

The insurer was directed to deposit the enhanced compensation within six weeks; upon deposit, the enhanced amount with interest was ordered to be released to the claimant.