Madras HC Raises Compensation For 3-Year-Old Road Accident Victim To Rs 3.29 Lakh After Two Surgeries

In brief

The question

1. Whether the compensation awarded by the Tribunal required enhancement, particularly for loss of income during the child’s treatment and recovery, pain and suffering, extra nourishment, and transportation.

The court held

The appeal was partly allowed.

It also directed

The total compensation was enhanced from ₹2,40,070 to ₹3,29,070, with interest at 7.5% per annum from the date of the claim petition to deposit, excluding any default period.

The Insurance Company was directed to deposit the enhanced compensation, less any amount already deposited, within 15 days of receiving the order.

As the claimant is a minor, the compensation was ordered to be placed in an interest-bearing fixed deposit until she attains majority; her father may withdraw the accrued interest once every six months for her welfare.

01Facts

A three-year-old child sustained injuries when a motorcycle struck her while she was crossing the road on 10 January 2015.

pp. 2–4

She underwent inpatient treatment and surgery, and a Medical Board assessed her permanent neuro-disability at 30%.

pp. 2–4

Her father, acting as her natural guardian, sought compensation under Sections 140 and 166 of the Motor Vehicles Act.

pp. 2–4

The Tribunal found the motorcycle rider negligent and awarded ₹2,40,070, including ₹1,20,000 for disability.

pp. 2–4

The claimant appealed under Section 173, seeking enhancement, principally on certain non-pecuniary and care-related heads.

pp. 2–4, 6–8

02Issues

i.1. Whether the compensation awarded by the Tribunal required enhancement, particularly for loss of income during the child’s treatment and recovery, pain and suffering, extra nourishment, and transportation.

p. 5, 8

ii.2. Whether the Tribunal’s award for 30% permanent disability should be disturbed.

pp. 6–7

03Law Applied

The appeal was brought under Section 173 of the Motor Vehicles Act, following a claim under Sections 140 and 166.

pp. 1–2

The Court relied on M. Chinnathambi v. S. Deepa and Another, 2020 (1) TN MAC 617, under which the Tribunal had assessed compensation for disability at ₹4,000 per percentage point.

p. 4, 7

The judgment identifies no further statutory test or precedent governing the assessment of the disputed heads.

Provisions in the judgment · 3 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173 Section 140 Section 166

04Reasoning

The Court accepted the Tribunal’s assessment of ₹1,20,000 for 30% disability as reasonable and left it undisturbed.

p. 7

It increased the notional monthly income used to compensate the parent for time spent caring for the child from ₹7,000 to ₹10,000 and, given the child’s two periods of inpatient treatment and surgeries, extended the compensable period from three to six months, awarding ₹60,000 for loss of income.

pp. 7–8

Considering the child’s age and injuries, it enhanced pain and suffering from ₹40,000 to ₹60,000, extra nourishment from ₹15,000 to ₹40,000, and transportation from ₹5,000 to ₹10,000.

pp. 8–9

The remaining heads were found reasonable.

pp. 8–9

05Holding

The appeal was partly allowed.

pp. 9–10

The total compensation was enhanced from ₹2,40,070 to ₹3,29,070, with interest at 7.5% per annum from the date of the claim petition to deposit, excluding any default period.

pp. 9–10

The Insurance Company was directed to deposit the enhanced compensation, less any amount already deposited, within 15 days of receiving the order.

p. 10

LawLens.Madras High Court

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