Motor Accident Claims | Child Victim Can't Be Equated To Non-Earning Adult, Must Be Compensated Under Non-Pecuniary Heads: Gujarat HC Reiterates

The Gujarat High Court has reiterated that children who are victims of motor accidents stand on a different footing from non-earning adults in matter of compensation.

Recalling the Supreme Court's observations in Mallikarjun v/s Divisional Manager, National Insurance Company Limited, the Bench comprising Justice Gita Gopi added that compensation awarded should enable the child to acquire something or to develop a lifestyle which will offset to some extent the inconvenience or discomfort arising out of the disability.

Thus, the compensation for minor victims must be worked out under the non-pecuniary heads in addition to the actual amounts incurred for treatment done and/or to be done, transportation, assistance of attendant etc. 

The High Court therefore awarded 4 lakh compensation to the minor victim in the instant case, in addition to medical and food nourishment expenses.

The 11-year-old was hit by a negligently driven truck and had sustained 80% permanent disability of the right lower limb. He had consented to 55% permanent partial disability for body as a whole.

The Apex Court had said that the main elements of damage in case of child victims are the 'pain, shock, frustration, deprivation of ordinary pleasures and enjoyment associated with healthy and mobile limbs'.

Thus it said that if the disability is above 10% and up to 30% to the whole body, compensation should be Rs.3 lakhs; up to 60%, Rs. 4 lakhs; up to 90%, Rs. 5 lakhs and above 90%, it should be Rs. 6 lakhs. For permanent disability up to 10%, it should be Rs.1 lakh, unless there are exceptional circumstances to take a different yardstick.

In this backdrop, the High Court said

"The claimant would be entitled to get Rs.4,00,000/- + Rs.5,500/- (medical expenses) + Rs.10,000/- (conveyance, attendant and food nourishment expenses) = Rs.4,15,500/- as total compensation with the interest rate directed by the Tribunal in the award."