26 years after truck hit boy, Rajasthan High Court raises payout to Rs 15 lakh, cites Supreme Court ruling

That Rajasthan High Court said that the enhanced amount will carry interest at 6 per cent per annum. (Image enhanced using AI)

Applying modern legal standards

• The court recalculated the compensation in light of the Rajasthan State Legal Services Authority (RSLSA) Guidelines, 2024.
• The high court also cited the Supreme Court’s ruling in Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr. in 2025, which laid down principles for awarding compensation in cases involving children who suffer permanent disability.
• Under the revised computation, the court awarded Rs 2,63,900 for permanent disability.
• Rs 1,78,899 towards future prospects.
• Rs 3,00,000 for loss of marriage prospects.
• Rs 2,00,000 for loss of amenities.
• Rs 1,00,000 for special diet and transportation.
• Rs 50,000 towards future medical expenses.
• Rs 19,500 for loss of estate.
• Rs 16,200 towards attendant charges.
• Rs 2,89,274 for pain and suffering.
• The total recalculated compensation amounted to Rs 15,15,773.
• After deducting the Rs 1,06,000 already awarded by the tribunal in 2004, the enhanced amount payable comes to Rs 14,09,773.
• The enhanced amount will carry interest at 6 per cent per annum from the date of filing of the claim petition until payment.
• The total compensation now stands recalculated at Rs 15.15 lakh.

A childhood shattered: 1999 accident

• The case traces back to May 12, 1999, when Mukesh, then just seven years old, was injured in an accident involving a truck.
• The vehicle was being driven by one Prithvi Singh and was insured at the time.
• According to the submissions before the court, the accident occurred due to rash and negligent driving.
• The impact left the child with multiple serious injuries, including eight simple injuries.
• Fractures of both tibia bones.
• Fractures of the fibula
• A fractured femur
• 29% permanent disability

Hospitalisation for 54 days

• The injuries required prolonged medical treatment and follow-up care, with substantial expenditure incurred by the family.
• A claim petition was filed before the MACT, Jodhpur, which on January 20, 2004, awarded Rs 1,06,000 in compensation.
• The family, however, considered the amount grossly inadequate given the severity of the injuries and their long-term implications.
• Aggrieved, the petition was filed before the high court

Appeal for just compensation

• Challenging the tribunal’s award, the appellant approached the high court seeking enhancement.
• Advocates Shreyansh Rathi and Nishit Shah, counsels for Mukesh, argued that the compensation awarded two decades ago did not reflect either the extent of physical suffering or the long-term impact on his earning capacity and quality of life.
• It was contended that the award needed to be recomputed in light of the RSLSA Guidelines, 2024, which provide structured norms for determining compensation in motor accident cases.
• While the insurance company opposed the plea for enhancement, it did not dispute the occurrence of the accident or the applicability of updated guidelines for recalculating compensation.

 26-year legal battle

• The ruling brings closure to a legal battle that began when Mukesh was still in primary school.
• What started as a tragic road accident in 1999 has culminated in a 2026 judgment that reflects how compensation law has evolved to better account for human suffering and long-term disability.

Hitesh Nagjibhai Patel case

• In 2012, an eight-year-old boy named Hitesh Nagjibhai Patel was struck by a negligently driven vehicle in Gujarat, resulting in a brain haemorrhage and the amputation of his left leg.
• For over a decade, his family fought a legal battle for “just compensation”, initially receiving only Rs 3.90 lakh from a tribunal, and later Rs 8.65 lakh from the Gujarat High Court.
• These courts treated Hitesh as a “non-earning” minor, a classification that typically results in low payouts.
• However, the Supreme Court intervened, delivering a landmark ruling that redefined how child victims are viewed by the law.
• The court said that a child’s future potential cannot be ignored and that their compensation should be calculated based on the minimum wages of a skilled worker.
• Consequently, the top court enhanced Hitesh’s compensation to approximately Rs 35.90 lakh, accounting for loss of future earnings, pain and suffering, and the cost of a prosthetic limb.