Minor With Permanent Functional Disability Entitled to Skilled Workman Compensation: Allahabad High Court

The Allahabad High Court held that an unemployed minor who suffers 100% permanent functional disability in a motor accident is entitled to compensation as a skilled workman under the Motor Vehicles Act.

The Court observed that age or absence of employment at the time of the accident cannot deprive a victim of just compensation where future earning capacity is completely lost.

Relying on Supreme Court precedents, the Court noted that compensation must be calculated on the basis of the minimum wages of a skilled workman in cases of total functional disability.

Accordingly, the Court enhanced the compensation, recognising the lifelong impact of disability on dignity and livelihood

[Sangam Lal v. The New India Assurance Co. Ltd. & Anr.]