Motor Accident Compensation for a Child With 100% Permanent Disability Must Account for Lifelong Care, Attendants and Loss of Future Dignity

Case Name: Hansraj v. Mukesh Nath and Others

Citation: 2026 INSC 454

Date of Judgment/Order: 6 May 2026

Bench: Justice J.K. Maheshwari and Justice Atul S. Chandurkar

Held: The Supreme Court held that where a minor motor accident victim suffers 100% permanent disability, compensation must be assessed on a realistic and humane basis by considering lifetime dependency, attendant care, loss of income, pain and suffering, loss of amenities, future medical expenses, and loss of marriage prospects. The Court held that notional income cannot be fixed at an unrealistically low amount and must be determined with reference to minimum wages applicable to a skilled workman at the relevant time. It further held that a claimant suffering 100% permanent disability and requiring round-the-clock care is entitled to compensation for two attendants, calculated by applying the appropriate multiplier.

Summary: The appellant was around fourteen years old when, on 8 November 2016, he suffered grievous injuries as a pillion rider in a motorcycle accident caused by negligent driving. He remained hospitalised for about 203 days and suffered 100% permanent disability. The Motor Accident Claims Tribunal awarded INR 7,76,543, and the Rajasthan High Court enhanced the total compensation to INR 12,17,543 by treating the notional annual income as INR 30,000 and granting limited amounts under attendant charges, future medical treatment and loss of marriage prospects. The Supreme Court found this assessment inadequate. It held that the notional income should be based on minimum wages in Rajasthan in 2016, rounded to INR 5,800 per month, with 40% future prospects and multiplier of 18. Relying on the principles governing just compensation in cases of severe disability, including the need for lifelong assistance, the Court substantially enhanced compensation for attendant charges, mental pain and suffering, loss of amenities, future medical treatment, loss of marriage prospects, special diet and transportation.

Decision: The Supreme Court allowed the appeal and modified the Rajasthan High Court’s judgment dated 9 April 2024. The appellant was held entitled to total compensation of INR 56,83,663 with interest at 6% per annum from the date of filing of the claim petition until actual payment, after adjusting amounts already paid. The Court awarded INR 17,53,920 towards loss of income, INR 21,60,000 towards attendant charges for two attendants, INR 69,743 towards medical bills and operation, INR 10,00,000 towards mental pain, suffering and loss of amenities, INR 3,00,000 towards future medical expenses, INR 3,00,000 towards loss of marriage prospects, and INR 1,00,000 towards special diet and transportation. Out of the attendant charges, 25% was directed to be released immediately and the remaining 75% invested in fixed deposit, with INR 1,50,000 to be released annually for future attendant expenses. Pending applications were disposed of, with parties bearing their own costs.