Motor Accident| Treat Permanently Paralyzed Child's Disability as 100% for Compensation: Supreme Court

Observing that a child left permanently paralysed in a motor accident would require lifelong care and support, the Supreme Court recently enhanced the compensation payable to a five-year-old accident victim to Rs 87.15 lakh by treating her disability as 100% for the purpose of computing damages.

A Bench of Justices N Kotiswar Singh and K Vinod Chandran held that compensation must reflect the child's complete loss of earning capacity and continuing medical needs, computing both loss of income and attendant charges on the basis of the minimum wages of a skilled labourer while also factoring in future prospects.

The motor accident

The accident took place on June 23, 2018, when the five-year-old child was travelling with her mother and grandmother. She suffered grievous injuries after a car, driven rashly and negligently, met with an accident. The spinal injuries left the child permanently paralyzed.

The Motor Accident Claims Tribunal (MACT) had awarded Rs 14,84,233, which the high court later enhanced by Rs 6 lakh. Dissatisfied with the quantum, the claimant approached the Supreme Court seeking further enhancement.

Why did the Supreme Court treat the disability as 100%?

The appellant relied on the Supreme Court's 2024 decision in Baby Sakshi Greola v. Manzoor Ahmad Simon & Anr, which also involved a child who was left paralyzed in a motor accident.

Counsel for the appellant argued that compensation under various heads should be enhanced in line with that decision. It was also submitted that the child would require lifelong care and incur recurring expenses towards physiotherapy, diapers and the occasional use of a catheter because of incontinence.

Accepting the submission, the Bench observed, "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".

Court noted that while the accident in Baby Sakshi Greola occurred in 2009, the present accident took place in 2018, requiring an upward revision to account for the rise in the cost of living.

How did the Court calculate the compensation?

The Bench noted that, following the earlier judgment, both the child's notional income and attendant charges had to be computed on the basis of the minimum wages of a skilled labourer, as a permanently paralyzed child would require a skilled attendant throughout her life.

Court recorded that the minimum monthly wage for a skilled labourer in 2018 was Rs 9,560. It added 40% towards future prospects and applied a multiplier of 18.

Although the disability certificate assessed the child at 80% permanent disability, the doctor who testified before the Court stated that the disability would continue throughout her lifetime.

In these circumstances, the Bench held, "We are of the opinion that the disability of the child has to be taken at 100%."

What did the Court say about future medical care?

Court also considered the claim for recurring expenses towards the child's continued treatment and care. While the appellant sought Rs 10,000 per month, the Court fixed the amount at Rs 5,000 per month, to be calculated over the child's average life expectancy.

Explaining its reasoning, the Bench observed, "A paralyzed child suffering also from incontinence definitely requires the use of diapers and catheter, which would bring in further financial liability on the care givers; herein the parents. Though Rs 10,000 was claimed we limit it to Rs 5,000 per month which also has to be multiplied with the average life expectancy. The attendant expenses also shall be the minimum wages provided for a skilled attendant".

Applying the principles laid down in Baby Sakshi Greola, the Supreme Court enhanced the compensation awarded by the tribunal, as modified by the high court, to Rs 87,15,137.

Court directed that the enhanced compensation be paid within two months, along with interest at the rate awarded by the tribunal and affirmed by the high court, after adjusting the amount already paid.

Case Title: Ku Chetana Sharma Vs Pawan Sharma & Ors

Bench: Justices N Kotiswar Singh and K Vinod Chandran

Date of Judgment: July 08, 2026