Supreme Court Upholds Compensation for Child Victim in Motor Accident Case

The Supreme Court of India recently delivered a judgment in the case of Rina Rani Mallick vs. Susim Kanti Mohanty & Anr., addressing the issue of compensation for a minor child who suffered severe injuries in a motor vehicle accident. The judgment, pronounced on April 30, 2025, by Justices Sudhanshu Dhulia and K. Vinod Chandran, upheld the enhanced compensation awarded by the High Court of Orissa, emphasizing the need for adequate compensation for child victims of accidents.

The case involved a four-year-old child who suffered a 55% permanent disability due to a below-knee amputation of the right leg following a bus accident. The Motor Accident Claims Tribunal initially awarded a total compensation of Rs.20,03,328/- under various heads, including medical expenses, future treatment, attendant charges, pain and suffering, loss of marriage prospects, conveyance, and loss of future earnings. The High Court later enhanced this compensation by Rs.7 lakhs, bringing the total to Rs.27,03,328/- with simple interest at 6% per annum.

The petitioner, Rina Rani Mallick, sought further enhancement of the compensation, arguing that the amounts awarded were insufficient to cover the lifelong challenges faced by her child. The respondents, including the insurer, did not contest the High Court’s order, and the case primarily revolved around the adequacy of the compensation.

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The Supreme Court referred to its earlier decisions in Mallikarjun v. Divisional Manager, National Insurance Company Limited and Kumari Kiran v. Sajjan Singh, where it had laid down guidelines for compensating child victims of accidents. In Mallikarjun, the Court emphasized that compensation for child victims should focus on non-pecuniary heads, such as pain, shock, and deprivation of ordinary pleasures, in addition to actual expenses for treatment and care. The Court had also prescribed a graded compensation structure based on the percentage of disability, ranging from Rs.3 lakhs for disabilities up to 30% to Rs.6 lakhs for disabilities above 90%.

In the present case, the child’s disability was assessed at 58%, warranting a non-pecuniary compensation of Rs.4 lakhs as per the guidelines. However, the Tribunal had already awarded a higher amount under various heads, including Rs.10,67,774/- for loss of future earnings, calculated based on the minimum wages. The High Court’s enhancement further ensured that the compensation was comprehensive and fair.

The Supreme Court observed that the total compensation of Rs.27,03,328/- was significantly higher than the amounts awarded in similar cases and found no justification for further enhancement. The Court noted that the compensation adequately addressed the child’s medical needs, future challenges, and the emotional toll of the disability. The judgment underscored the importance of balancing the principles of just compensation with the realities of each case, ensuring that victims receive fair redressal without undue burden on the respondents.

The Court dismissed the Special Leave Petition, affirming the High Court’s order. The judgment serves as a reminder of the judiciary’s commitment to protecting the rights of child victims and ensuring that compensation awards are both just and practical.

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Petitioner Name: Rina Rani Mallick.
Respondent Name: Susim Kanti Mohanty & Anr..
Judgment By: Justice Sudhanshu Dhulia, Justice K. Vinod Chandran.
Place Of Incident: Orissa.
Judgment Date: 30-04-2025.
Result: dismissed.

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