Motor Accident Compensation for a Disabled Child

A child who is permanently disabled in a road accident is entitled to far more than hospital bills. The Supreme Court has confirmed that a minor with no job and no salary is still treated as a future earner. The Tribunal fixes a notional income based on the minimum wage for a skilled workman, adds 40% for future prospects, applies an age-based multiplier, and then adds the cost of life-long attendant care. In Hansraj v. Mukesh Nath the total award for a fully disabled 14-year-old was lifted to ₹56,83,663.

For a disabled child the courts do not ask “what was the child earning”. They ask “what would the child have earned”. A notional income is fixed on the minimum wage of a skilled workman, increased by 40% for future prospects, multiplied by an age factor, and combined with separate amounts for attendant care, medical treatment, future treatment, pain and suffering, loss of marriage prospects and special diet. Together these heads decide the final compensation.

In Hansraj v. Mukesh Nath (2026 INSC 454), a 14-year-old boy suffered 100% permanent disability. The Court worked through each head of loss as follows.

Step 1: Notional income (loss of earning capacity)

1. Minimum wage for a skilled workman (2016 Rajasthan rate): ₹5,746 per month, rounded to ₹5,800.
2. Annual notional income: ₹5,800 x 12 = ₹69,600.
3. Add 40% future prospects (₹27,840), giving ₹97,440 per year.
4. Multiply by the age-based multiplier of 18.
5. Loss of earning capacity = ₹17,53,920.

Step 2: Attendant charges

Because the boy needs round-the-clock care, the Court allowed two full-time attendants. Charges were taken at ₹10,000 per month for 18 years: ₹10,000 x 12 x 18 = ₹21,60,000.

Step 3: All heads added together

On top of this, the Court allowed 6% interest per year, counted from the date the claim petition was filed until the money is paid. To protect the money, 25% was released at once and 75% was kept in a fixed deposit, with about ₹1,50,000 released every year for the child's needs.

A disability claim for a child is built from several heads. You can claim each one that applies:

1. Notional income: the minimum wage for a skilled workman, since a child has no actual salary.
2. Future prospects: an extra 40% on the notional income, recognising that earnings rise over a working life.
3. Attendant charges: the cost of paid carers, even two carers where the disability needs constant care.
4. Medical bills: hospital, surgery and treatment already paid for.
5. Future medical expenses: treatment, therapy and replacements still to come.
6. Pain, suffering and loss of amenities: the human cost of a body that no longer works as before.
7. Loss of marriage prospects: recognised for a young victim whose future is affected.
8. Special diet and transportation: regular extra costs caused by the disability.

The big lesson from this case is that families often claim only the hospital bills. Here the medical bills were ₹69,743, but the full award was ₹56,83,663. The notional income and attendant charges together carried most of the value.

Claims for road-accident injury are filed before the Motor Accidents Claims Tribunal (MACT) for the area where the accident happened, where the victim lives, or where the vehicle owner or insurer is based, under the Motor Vehicles Act, 1988.

1. Get a copy of the FIR and the accident report from the police.
2. Get a disability certificate from a government medical board. Our guide on how to apply for a UDID disability certificate explains the steps.
3. Keep every medical bill, prescription and discharge summary.
4. File a claim petition before the MACT naming the driver, the vehicle owner and the insurer.
5. Place evidence of the child's age, the disability percentage and the family's expenses on record.
6. Ask the Tribunal in writing for notional income, future prospects, the correct multiplier and attendant charges, not only the medical bills.

If the vehicle was insured, the insurer usually pays. Our note on how to claim vehicle insurance covers the paperwork. Workers and their families should also read the e-Shram card accident insurance claim guide, since that cover can run alongside a MACT award.

For a wider walkthrough of using public records and right-to-information tools to chase a stuck claim, see The RTI Playbook.

Yes. A child has no salary, so the Tribunal fixes a notional income based on the minimum wage of a skilled workman. In Hansraj v. Mukesh Nath the Court used ₹5,746 per month, rounded to ₹5,800, as the base before adding future prospects and the multiplier.

For a disabled minor the courts add 40% to the notional income for future prospects. This reflects that wages normally rise over a career. In this case ₹69,600 a year became the base for the 40% uplift before the multiplier of 18 was applied.

Yes. Attendant charges are a separate head. Where the disability needs constant care, the Court can allow more than one carer. Here it allowed two full-time attendants at ₹10,000 a month for 18 years, which came to ₹21,60,000.

To protect a young or disabled claimant, the Tribunal often releases part of the award at once and keeps the rest in a fixed deposit. In this case 25% was paid immediately and 75% was kept in deposit, with about ₹1,50,000 released each year for the child's needs.

Claims are filed before the Motor Accidents Claims Tribunal under the Motor Vehicles Act, 1988. You can choose the Tribunal where the accident happened, where the victim lives, or where the vehicle owner or insurer is based.

Yes. The Court allowed 6% interest per year, counted from the date the claim petition was filed until the money is actually paid. Interest can add a large amount where a claim takes years to decide.

If your child or a family member has suffered a permanent disability in a road accident, act on the heads above. Collect the FIR, the disability certificate and every bill, then file before the MACT and ask for notional income, future prospects, the correct multiplier and attendant care, not only the hospital bills. The case here is Hansraj v. Mukesh Nath, 2026 INSC 454, decided on 6 May 2026 by Justice J.K. Maheshwari and Justice Atul S. Chandurkar; the full judgment is on Indian Kanoon. You may also want to read about loss of domestic care after a homemaker's death and why employer group insurance is not deducted from a MACT award.