Karnataka HC Raises 9-Year-Old’s Crash Compensation To ₹4.45 Lakh, Calculating Future Disability Loss On Minimum Wages

The minor claimant, aged nine at the time of the accident, sustained an abrasion to his right earlobe and a fracture of his right femur in a road traffic accident on 26 August 2023.

The MACT awarded total compensation of ₹1,93,900 with interest at 6% per annum.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The Court relied on Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr., 2025 INSC 1070, for assessing a minor claimant’s future loss of income by applying an income based on minimum wages, the appropriate multiplier, and the percentage of disability.

It also referred to Master Mallikarjun v. Divisional Manager, The National Insurance Co. Ltd. & Anr., 2013 ACJ 2445, which the Tribunal had applied in assessing compensation for the injured minor.

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

The Court accepted the Tribunal’s assessment of whole-body disability at 10%, noting the doctor’s evidence that the fracture had united.

Applying the minimum-wage income of ₹16,250 per month, a multiplier of 15 for the claimant’s age, and 10% disability, it calculated future loss of income at ₹2,92,500.

It also allowed ₹32,500 for the parent’s loss of income during the claimant’s two-month recovery period, and revised the amounts for pain and suffering, amenities, attendant and conveyance expenses, and future medical expenses.

The Court enhanced total compensation to ₹4,45,400, an increase of ₹2,51,500 over the Tribunal’s award, with interest at 6% per annum from the petition date until realisation, except on ₹30,000 awarded for future medical expenses.

The insurer was directed to deposit the enhanced amount within six weeks, and the Tribunal was directed to place it in a fixed deposit in the claimant’s name until he attains majority.