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Hansraj v. Mukesh Nath

Civil Appeal · 2026 INSC 454Decided 6 May 2026
C.A. No.-007055-007055 - 2026
Justice J.K. Maheshwari · Justice Atul S. Chandurkar

Background

In 2016, the appellant, then a fourteen-year-old pillion rider, suffered grievous injuries including fractures and a 100% permanent disability when the motorcycle he was riding, driven negligently by the first respondent, hit the rear of a tractor trolley. He was hospitalized for about 203 days. The Motor Accident Claims Tribunal awarded him compensation of about Rs. 7.76 lakh, and on appeal the Rajasthan High Court partially enhanced it to about Rs. 12.17 lakh. Dissatisfied, he appealed to the Supreme Court seeking further enhancement.

Decision Breakdown

The Supreme Court held that the High Court had undervalued several heads of compensation. It recalculated notional income using the applicable 2016 minimum wage for a skilled workman in Rajasthan (raising annual income from Rs. 30,000 to Rs. 69,600, with 40% added for future prospects and an 18x multiplier), significantly increased attendant charges to account for the need for two round-the-clock attendants for life, and enhanced amounts for pain and suffering, future medical expenses, loss of marriage prospects, and special diet/transportation. The total compensation was raised to Rs. 56,83,663 with 6% interest from the date of filing the claim. The Court also directed that a large portion of the attendant-charges award be placed in a fixed deposit, with periodic releases, to ensure the funds last for the appellant's lifetime care needs.

Lesson Learnt

In compensation cases involving young accident victims with permanent disabilities, courts must calculate notional income based on actual prevailing minimum wage data (not arbitrarily low figures) and structure long-term care awards (like attendant charges) so the money is preserved and released over time rather than paid out as a lump sum that could be exhausted prematurely.

Official source (sci.gov.in)View Judgment (PDF)

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