Legal Alert:Supreme Court boosts compensation for permanently paralyzed child in IN motor accident

• The Supreme Court enhanced compensation to Rs 87.15 lakh for a five-year-old child left permanently paralyzed in a motor accident.
• The court treated the child's disability as 100% for compensation purposes, considering lifelong care and support needs.
• The judgment sets a precedent for future cases involving permanently paralyzed children in motor accidents.
• The calculation of damages in motor accident claims may be impacted by this judgment, emphasizing skilled attendants and lifelong care.

We are convinced that the cited decision applies squarely in this case with reasonable enhancement even from the said decision reckoning the increase in cost of living

A five-year-old child was left permanently paralyzed after a motor accident on June 23, 2018. The child's mother and grandmother were also involved in the incident. The Motor Accident Claims Tribunal (MACT) initially awarded Rs 14,84,233 to the family, which was later enhanced by the high court to Rs 20 lakh. However, the claimant approached the Supreme Court seeking further enhancement of compensation. The Bench of Justices N Kotiswar Singh and K Vinod Chandran observed that a child left permanently paralyzed in an accident would require lifelong care and support, necessitating a higher compensation amount.

The Supreme Court's decision was influenced by its 2024 judgment in Baby Sakshi Greola v. Manzoor Ahmad Simon & Anr, where the court treated the child's disability as 100% for compensation purposes. The Bench noted that while the accident in Baby Sakshi Greola occurred in 2009, the present case took place in 2018, requiring an upward revision to account for the rise in cost of living. The court also considered the claimant's reliance on the earlier decision and the need for a reasonable enhancement of compensation. In calculating the compensation, the Bench applied the minimum wages of a skilled labourer as the basis for computing both loss of income and attendant charges.

The Supreme Court's judgment has significant implications for motor accident claims involving permanently paralyzed children. The court's decision to treat the child's disability as 100% for compensation purposes sets a precedent for future cases, potentially leading to higher compensation amounts for such victims. The calculation of damages in motor accident claims may also be impacted by this judgment, which emphasizes the need for a skilled attendant and lifelong care for permanently paralyzed children. Lawyers and compliance officers should take note of this judgment's enhancement of compensation for permanently paralyzed children, as it may influence future cases and legal strategies.

Lawyers and compliance officers should take note of this judgment's enhancement of compensation for permanently paralyzed children, which may set a precedent for future cases and impact the calculation of damages in motor accident claims.

Source: Original reporting via [Source]