Karnataka HC Raises Injured 13-Year-Old’s Compensation To Rs 3.49 Lakh, Using Rs 14,000 Skilled-Wage Benchmark To Calculate Future Disability Loss

The appellant, aged 13 at the time, sustained injuries in a road traffic accident on 5 April 2023 involving a Mahindra Bolero Pickup.

The Motor Accident Claims Tribunal partly allowed her claim and awarded ₹1,56,808 with interest at 6% per annum.

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

The High Court considered her injuries, the doctor’s assessment of 22.3% disability to the right lower limb, and the resulting whole-body disability.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal from an award of a Claims Tribunal.

The Court referred to Master Mallikarjun v. Divisional Manager, National Insurance Co., (2014) 14 SCC 396, on compensation for injury to a child, and to Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari, 2025 INSC 1070, for assessing a child’s income by reference to minimum wages and calculating future income loss using the applicable multiplier and disability.

For disability to a lower limb, the Court treated one-third of the assessed limb disability as whole-body disability.

Applying Hitesh Nagjibhai Patel, the Court assessed the claimant’s monthly income at ₹14,000, corresponding to the stated minimum wage for a skilled worker in Zone 3, and applied a multiplier of 15 for her age.

It treated one-third of the doctor’s 22.3% right-lower-limb disability as 7% whole-body disability, resulting in future loss of income of ₹1,76,400 (₹14,000 × 12 × 15 × 7%).

In light of the injuries, hospitalisation and anticipated two-month recovery, it awarded amounts for pain and suffering, loss of amenities, a parent’s loss of income during the laid-up period, medical expenses, and attendant, conveyance, food and nourishment expenses.

The enhanced amount carries interest at 6% per annum from the date of the petition until realisation; the insurer was directed to deposit it within six weeks.

The amount deposited is to be kept in fixed deposit in the minor appellant’s name until she attains majority.