New Delhi, August 3, 2026 (Yes Punjab News)
The Supreme Court on Monday observed that a child suffering catastrophic injuries loses much more than physical abilities, as such trauma can deprive the victim of childhood experiences, dignity, independence and an entire future.
The apex court made the observation while enhancing compensation from Rs 45.40 lakh to Rs 83.38 lakh for Shreejita Pattnaik, who suffered permanent disability in a road accident when she was only six months old.
A bench of Justices Ujjal Bhuyan and N.V. Anjaria said courts dealing with compensation claims involving severely injured children must adopt a “realistic, humane” approach, recognising that the impact of such injuries extends throughout the victim’s lifetime.
“Injuries suffered by children have consequences which extend far beyond the immediate physical disability. Such injuries accompany the victim throughout her life and affect every stage of her development. The loss suffered is not temporary. It is lifelong, continuing and irreversible,” the bench said.
The court noted that a child affected by catastrophic injuries may lose experiences considered normal during childhood, including playing, running, attending school, interacting with friends, participating in social activities and enjoying everyday pleasures.
The bench further emphasised that the consequences of such injuries are not limited to bodily impairment but also affect human dignity.
“Human dignity forms an inseparable component of life. When a catastrophic injury deprives a child of the ability to perform the ordinary functions independently, the resulting loss transcends the realm of physical disability and assumes the character of a continuing deprivation of dignity,” the court observed.
The Supreme Court said compensation assessment must take into account that what has been lost is not merely physical capacity but the child’s future life.
The case originated from a road accident in Odisha on June 16, 2015, when Shreejita was travelling with her parents. A tanker allegedly moved onto the wrong side of the road and collided head-on with their vehicle.
The child suffered severe spinal cord and neurological injuries, resulting in 90 per cent permanent locomotor disability due to post-traumatic myelopathy with paraplegia. Medical records indicated that she would require lifelong care and remain dependent on others.
The Motor Accident Claims Tribunal had initially awarded Rs 30.12 lakh as compensation, which was later enhanced by the Orissa High Court to Rs 45.40 lakh. However, the Supreme Court held that the amount was inadequate to constitute “just compensation” under the Motor Vehicles Act.
The apex court observed that although the medical assessment recorded 90 per cent physical disability, the child’s functional disability was effectively 100 per cent as her future earning capacity had been “completely destroyed; rather extinguished”.
After recalculating compensation under various heads, including future earnings, attendant charges, pain and suffering, loss of amenities and future prospects, the Supreme Court enhanced the amount to Rs 83.38 lakh with 9 per cent annual interest from the date of filing of the claim petition.
The court directed New India Assurance Company Ltd. to deposit the enhanced compensation along with accrued interest before the Motor Accident Claims Tribunal within six weeks.
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