⚖️ Legal Learning Shri Ganpati Jurists
– Motor Accident Compensation for Minors
📌 Key Principle:
A minor who suffers death or permanent disability in a motor accident cannot be treated as a “non-earning individual.”
Instead, the income of the minor must be assessed on the basis of minimum wages payable to a skilled worker in the State where the cause of action arose.
🔹 Court’s Key Observations:
1️⃣ Not a Non-Earning Individual
Minors are not to be placed in the category of non-earning persons simply because they were not employed at the time of the accident.
2️⃣ Minimum Wages Standard
Loss of income must be computed by adopting, at the very least, the minimum wage of a skilled worker notified for the relevant period in the State concerned.
3️⃣ Obligation of Insurance Companies
If the claimant/deceased’s income is not properly established, it becomes the responsibility of the insurance company to produce the applicable schedule of minimum wages before the Tribunal.
4️⃣ Implementation Across Tribunals
The judgment has directed circulation of this order to all High Courts and Motor Accident Claims Tribunals (MACTs) to ensure strict compliance.
✅ Key Takeaway:
In motor accident cases involving minors, compensation must be calculated on the basis of minimum wages for skilled workers, ensuring just and fair compensation. Insurance companies carry the obligation to furnish wage data where claimants fail to prove income.
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