Children cannot be treated as 'non-earning' in motor accident compensation cases: Supreme Court

The Supreme Court ruled that children injured in motor accidents cannot be treated as non-earning individuals when calculating compensation and directed tribunals to assess loss of income based on minimum wages for skilled workers. 

It enhanced compensation for 8-year-old Hitesh Patel, who suffered 90% disability in a 2012 accident, from ₹3.9 lakh to ₹35.9 lakh with 9% interest.

The Court criticised the Gujarat MACT and High Court for ignoring principles laid down in Kajal v. Jagdish Chand (2020), and mandated that insurance companies provide wage data.

The Registrar Judicial was asked to circulate the order to all High Courts and MACTs nationwide.

[Hitesh Nagjibhai Patel Vs Bababhai Nagjibhai Rabari]