Supreme Court orders compensation based on functional disability for child accident victim
The Supreme Court ruled that compensation for a road-accident victim should be measured by functional disability rather than a doctor’s medical disability rating, awarding Rs 83.3 lakh to a severely injured minor.
In a landmark judgment, the Supreme Court held that a victim’s functional impairment, not the percentage of medical disability certified by doctors, determines compensation. The case involved a child who was injured in a road accident at six months old and now suffers extensive spinal cord and neurological damage. The court granted the child Rs 83.3 lakh, emphasizing that injuries altering a child’s life trajectory require a different legal approach than adult cases. The decision underscores the need to assess the overall impact on the child’s future.
Why it matters
The ruling changes how injury compensation is calculated, affecting countless future claims for severely disabled victims.
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