In a significant ruling, the Gujarat High Court enhanced compensation for a young girl who lost her right leg in a road accident, observing that tribunals must adopt a “sensitive and humane approach” while deciding cases involving children with permanent disabilities.
Justice Hasmukh D. Suthar increased the compensation from ₹8.77 lakh to ₹21.19 lakh, holding that the earlier award failed to reflect the lifelong impact of the injury.
Read also:- Bombay HC Disposes Unmarried Woman’s Abortion Plea, Cites Supreme Court Ruling on MTP Rights
Background of the Case
The appeal arose from a 2013 accident in Kutch district. The minor girl had been walking along the side of the road with her family after offering prayers at a temple when a Hyundai car allegedly hit her from behind.
According to court records , the vehicle was driven rashly and at high speed. The impact was severe. The girl was dragged and sustained grievous injuries, resulting in the amputation of her right leg below the knee.
The Motor Accident Claims Tribunal (MACT), Bhuj, had earlier awarded ₹8.77 lakh in 2018. Dissatisfied with the quantum, the claimant approached the High Court seeking enhancement.
Arguments Before the Court
Counsel for the claimant argued that the Tribunal underestimated both her income and disability. He pointed out that although the doctor had assessed serious permanent disability, the Tribunal considered only 36% disability of the body as a whole and calculated compensation on a notional annual income of ₹24,000.
Read also:- Calcutta High Court Refuses to Quash Forgery Case Linked to 1963 Land Deed, Orders Police Prob
“It was a case of amputation,” the counsel submitted, adding that the Tribunal failed to account for minimum wages, future prospects, and loss of marriage prospects.
On the other hand, the insurance company defended the award, stating that the Tribunal had correctly appreciated the evidence and granted just compensation.
Notably, negligence was not in dispute before the High Court. The Tribunal had already concluded that the accident occurred solely due to the driver’s fault, and that finding remained untouched.
Court’s Observations on Child Victims
Justice Suthar referred to multiple Supreme Court rulings that emphasise fairness in awarding compensation to children.
Quoting from precedent, the court noted: “Compensation or damages assessed for personal injuries should be substantial… They should not be just token damages.”
Read also:- Bombay High Court Flags Flawed Tree-Felling Notices, Closes Pune Coconut Trees Case
The judge underlined that physical disability and functional disability are different. In this case, the stump length after amputation was only 6.5 cm below the knee. The court observed that the claimant could not walk without support and would struggle with heavy work throughout her life.
“Severe limitations inflicted due to such injuries undermine dignity,” the bench observed, stressing that judges must remain mindful of the trauma faced by accident victims.
The court found that the Tribunal erred in applying a multiplier of 15 instead of 18, as guided by Supreme Court rulings for minors. It also held that minimum wages prevalent in 2013-₹5,750 per month-should have been considered.
Recalculation of Compensation
The High Court recalculated the income by adding 40% future prospects, taking the monthly income to ₹8,050. Applying the multiplier of 18, the total income loss was assessed at ₹17.38 lakh.
Importantly, the court treated the functional disability at 50%, instead of 36%, given the amputation and its impact on mobility and earning capacity.
Under various heads, the court enhanced the amounts substantially:
- ₹8,69,400 towards future loss of income
- ₹5,00,000 for pain, shock and suffering
- ₹3,00,000 for loss of marriage prospects
- ₹2,00,000 for loss of amenities and enjoyment of life
- ₹1,50,000 for artificial limb and future medical expenses
- ₹1,00,000 for special diet, attendant and transportation
- ₹1,22,000 for medical expenses (unchanged)
The total compensation was fixed at ₹21,19,400.
Read also:- Kerala High Court Orders Probe Into ₹14 Lakh Sabarimala Staff Transfers During Mandala
The Decision
Allowing the appeal partly, the High Court modified the Tribunal’s award and directed the respondents to deposit the additional ₹12.42 lakh, along with proportionate costs and interest, within four weeks.
The matter was remitted to the Tribunal for disbursement after recovery of deficit court fees.
With that, the court closed the appeal.
Case Title: Umiya Nitingar Goswami v. Pratapbhai Valabhdas Chthani & Anr.
Case No.: First Appeal No. 2797 of 2022
Decision Date: 05 February 2026
