The Supreme Court said in the Madhya Pradesh accident claim case that in case of death or disability of a child in an accident, compensation will be given considering him a skilled worker. The minimum wage of a skilled worker will be considered as the income of the child. The claimant will have to present the documents in the tribunal otherwise the insurance company will be responsible. The court has directed to send a copy of the decision to the motor accident tribunals.
The Supreme Court has given an important decision while hearing an accident claim case of Madhya Pradesh.
The court has said that in case of death of a child in an accident or his permanent disability, the compensation will be calculated considering him a skilled worker. The minimum wage of a skilled worker at the time of the accident in the state will be considered as the income of the child. The claimant will have to present documents regarding the minimum wage before the tribunal.
The Supreme Court said, "If he is unable to do so, then it will be the responsibility of the insurance company to present these documents. A copy of the decision should be sent to all motor accident claim tribunals, so that strict compliance of the instructions can be ensured."
What is in the Supreme Court order?
Let us tell you that till now, in case of death of a child in an accident or permanent disability, the compensation is calculated on the basis of notional income (imaginary income, currently 30 thousand rupees per year).
Now compensation will be given according to the minimum salary of a skilled worker in the state. Currently, the minimum salary of a skilled worker in Madhya Pradesh is fixed at Rs 14844 per month i.e. Rs 495 per day.
Consider the minimum salary of a skilled worker as the income of the child
The court directed to send a copy of the decision to all Motor Accident Claims Tribunals
This is how the matter reached the Supreme Court?
On 14 October 2012, eight-year-old Hitesh Patel, a resident of Indore, was standing on the road with his father, when a vehicle hit him. Hitesh was seriously injured. Saying that he has suffered permanent disability, a compensation claim of Rs 10 lakh was presented before the Motor Accident Claims Tribunal.
The court, assuming that Hitesh has suffered 30 percent disability, ordered the insurance company to pay him a compensation of Rs. 3.9 lakh. This decision was challenged in the High Court. The High Court, assuming that since Hitesh is only eight years old, increased the compensation amount to Rs. 8.65 lakh.
The Supreme Court's decision is historic. It will have an impact on the claim cases going on all over the country.
Rajesh Khandelwal, accident claim case lawyer.
Dissatisfied with this decision, an appeal was made in the Supreme Court. Accepting this in its decision on September 1, the Supreme Court increased the compensation amount to Rs. 35.90 lakh.
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