Justice Sudhanshu Dhulia, Justice K. Vinod Chandran, Supreme Court
Amount Granted Is Far Higher: Supreme Court Upholds ₹27L Compensation Granted For Permanent Disability Suffered By Minor Girl In Motor Accident
|The Special Leave Petition before the Supreme Court was filed against the order of the Orissa High Court enhancing the compensation granted to a minor child for the injury suffered in a motor vehicle accident.
The Supreme Court upheld the award of Rs 27 lakh granted as compensation for the amputation and permanent disability suffered by a minor girl in a motor accident.
The Special Leave Petition before the Supreme Court was filed against the order of the Orissa High Court enhancing the compensation granted to the minor child of the appellant for the injury suffered in a motor vehicle accident leading to amputation and permanent disability of the minor child. The petitioner sought further enhancement of the compensation.
The Division Bench of Justice Sudhanshu Dhulia and Justice K. Vinod Chandran said, “We are of the opinion that there is no scope for any further enhancement in this case. The amount granted is far higher, that was granted in the two cited decisions.”
Factual Background
The motor accident occurred when the minor child, along with her father and mother (appellant), was travelling in a bus which collided with a tractor. Though composite negligence was found, the second respondent was directed to pay the entire compensation. Finding the case to be one of joint tortfeasors, it was held that the claimant could proceed jointly or severally against all of them or either of them. The Tribunal awarded a total compensation of Rs. 20,03,328. The High Court enhanced it with Rs. 7 lakh, considering the inadequate amounts granted towards future treatment, dependent charges and the amounts granted towards other heads.
Reasoning
The Bench found that the child was a four-year-old who suffered 55% disability. The diagnosis was of locomotor disability due to disarticulation at the ankle joint. The child had been subjected to below-knee amputation of the right leg.
The Bench referred to the judgment in Mallikarjun v. Divisional Manager, National Insurance Company Limited (2014), wherein a 12-year-old child in the accident suffered permanent disability of 34% of the right lower limb and 18% of the whole body. It was held that in addition to the heads for treatment, attendant expenses, etc., if the disability is above 10% and up to 30% Rs 3 lakhs; up to 60%, Rs 4 lakhs; upto 90%, Rs 5 lakhs and above 90%, it should be Rs 6 lakhs. A total of Rs 3,75,000 was awarded in the said case. Further reference was made to the judgment in Kumari Kiran v. Sajjan Singh (2021) wherein the two children who suffered the disability of 30% and 20% were awarded a further sum of Rs.1 lakh in addition to Rs.3 lakh determined in Mallikarjun (supra). The children were awarded Rs. 5,43,844 and Rs. 5,58,876.
Coming to the facts of the case, the Bench noted that the disability was 55% and, in such circumstances, pecuniary compensation of Rs. 4 lakh was adequate as per the cited decision. However, in the present case, the Tribunal has adopted an income looking at the minimum wages and awarded a sum of Rs. 10,67,774. The actual expenses relating to treatment were also awarded in addition to future treatment. Moreover, the High Court enhanced the amount with Rs.7 lakh, thus, awarding a total compensation of Rs 27,03,328 alongwith interest.
Finding no scope for any further enhancement, the Bench dismissed the Special Leave Petition.
Cause Title: Rina Rani Mallick v. Susim Kanti Mohanty & Anr. (Neutral Citation: 2025 INSC 602)