4 min readNew DelhiMay 8, 2026 06:00 PM IST
The Punjab and Haryana High Court has enhanced the compensation awarded to a petitioner who was only seven years old at the time of a road accident in 1997, observing that it cannot be ignored that the claimant has suffered permanent disability at a tender age.
Justice Deepak Gupta was dealing with a plea of a claimant challenging the Motor Accidents Claims Tribunal (MACT) order that initially awarded Rs 70,000 based on a finding of 15 per cent permanent disability, which was enhanced to Rs 3.50 lakh.
“It cannot be ignored that the claimant has suffered permanent disability at a tender age, which will not only affect his earning capacity but also deprive him of the normal enjoyment of life,” the court said on May 4.
The order added that, considering the nature of injuries and their long-term impact, the functional disability of the claimant is assessed at 50 per cent.
Motor accident and legal battle for compensation
On April 25, 1997, the petitioner, a minor at that time, was struck from behind by a rashly and negligently driven truck while walking through a bazaar. The accident resulted in multiple grievous injuries, including a fracture of both bones in the left leg with crushing of muscles.
On account of the injuries suffered in the accident, the petitioner filed a petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation against the driver, owner, and insurer of the offending vehicle. The claim petition was contested by the respondents.
The tribunal found that the accident had occurred due to rash and negligent driving of the offending truck and held that the claimant had suffered 15 per cent permanent disability on account of a malunited fracture of the left fibula with shortening of the limb and atrophic skin. On that basis, in 2000, the compensation to the tune of Rs 70,000 was awarded under different heads.
Story continues below this ad
During the appeal, the petitioner sought to bring on record a subsequent disability certificate from 2007, which re-evaluated the permanent disability at 70 per cent of the whole body.
Court’s finding
- This court finds that the subsequent disability certificate cannot be brushed aside, particularly when the injuries suffered by the claimant were of a serious nature involving fracture of both bones of the leg with crushing of muscles and associated complications.
- The medical condition of the petitioner clearly indicates that the disability has worsened over time.
- In the absence of any rebuttal evidence from the insurer, the additional evidence deserves to be accepted.
- Accordingly, the application under Order XLI Rule 27 CPC is allowed, and the documents are taken on record.
- Once the extent of disability is reassessed at 70 per cent of the whole body, the question arises as to the proper determination of compensation.
- The claimant was only seven years old at the time of the accident and, therefore, had no actual income.
- The Supreme Court in National Insurance Co Ltd v Pranay Sethi and Others has held that future prospects are required to be added even while determining compensation on a notional basis.
© IE Online Media Services Pvt Ltd
