Visible facial injuries sustained by a child warrant enhanced compensation for loss of marriage prospects.

The appellant, a minor represented by her mother, was injured in a road accident on 8 May 2023.

The Motor Accidents Claims Tribunal awarded her ₹7,42,500, including ₹1,00,000 for loss of marriage prospects, with interest at 6% per annum.

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

The insurer appeared; notice to the vehicle’s owner-cum-driver was dispensed with.

The appellant had sustained, among other injuries, a lacerated wound extending from her left eyebrow to her head and an injury below her lip; she was nine years old at the time of the accident.

1. Whether the compensation awarded for permanent physical disability and the other injury-related heads required enhancement.

2. Whether the award for loss of marriage prospects was inadequate in light of the appellant’s age and injuries.

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

The Court applied the principle that compensation for accident-related injuries should be assessed having regard to the evidence, the nature of the injuries and their effects.

In assessing disability, it treated one-third of the doctor’s assessment of 13.49% disability to the lower limb—4.49%—as the corresponding whole-body disability.

The Court found the Tribunal’s award of ₹2,00,000 for permanent physical disability and its awards under the other injury-related heads just and proper, noting the doctor’s assessment and applying the one-third conversion for lower-limb disability.

However, the appellant’s age and the visible injuries to her forehead and below her lip supported the conclusion that the Tribunal’s ₹1,00,000 award for loss of marriage prospects was inadequate.

The Court therefore increased that award to ₹3,00,000.

The appellant was awarded an additional ₹2,00,000, with interest at 6% per annum from the date of the claim petition until realisation.

The insurer was directed to deposit the enhanced amount within six weeks, and the enhanced compensation and interest were ordered to be kept in fixed deposit in the appellant’s name until she attains majority.