This appeal arose from a motor vehicular accident that occurred on June 16, 2015, involving a six-month-old infant, Shreejita Pattnaik, who suffered severe, irreversible spinal cord and neurological injuries resulting in post-traumatic myelopathy with paraplegia and 90% locomotor disability. While the Motor Accident Claims Tribunal (MACT) awarded ₹30,12,960.00 and the High Court enhanced it to ₹45,40,800.00, the Supreme Court found these amounts inadequate for a victim facing total functional disability and lifelong dependence. Invoking the welfare-oriented principles of the Motor Vehicles Act, 1988, and adopting the functional disability test alongside minimum wages for skilled workers, the Supreme Court further substantially enhanced the total compensation payable by the insurance company to ₹83,38,360.00 along with 9% interest per annum.
- Factual Background: On June 16, 2015, the minor claimant was travelling with her parents in a car that collided violently with a rashly driven tanker coming from the opposite direction. The six-month-old infant sustained devastating injuries, leading to prolonged hospitalizations across multiple premier medical institutions and leaving her permanently immobile and bedridden.
- Physical vs. Functional Disability: Although medically certified at 90% physical disability, the Supreme Court held that the child’s functional disability is total (100%), as her future earning capacity has been completely extinguished and she remains wholly dependent on others for basic functions.
- Assessment of Notional Income: Rejecting the approach of treating a minor child as a non-earning person, the Court mandated that the minimum wages payable to a skilled workman in the State be adopted as the baseline to calculate future loss of earnings.
- Multiplier and Attendant Charges: The Supreme Court restored the multiplier of 18 (overturning the High Court’s application of 15) and awarded ₹25,92,000.00 towards future attendant charges for two attendants.
- Enhanced Conventional and Medical Heads: The Court augmented compensation under various heads, recognizing the profound emotional trauma, loss of marriage prospects, total loss of life amenities, and lifelong medical requirements.
- Final Relief: The total compensation was enhanced from ₹45,40,800.00 to ₹83,38,360.00, payable with interest at the rate of 9% per annum from the date of filing the claim petition until realization, to be deposited by the insurer within six weeks.
2026 INSC 785
Shreejita Pattnaik (Through her Mother and Natural Guardian Gayatree Pattnaik) v. M/s New India Assurance Company Limited & Anr. (D.O.J. 05.05.2026)
