The tribunal relied on a precedent set in the Nagji Bhai judgment, which allows courts to treat children aged 1–15 as potential skilled workers for the purpose of calculating compensation. Based on this, the court assessed the child’s future monthly income at ₹11,885 and added 40% towards future prospects, pushing the estimated income to nearly ₹17,000 a month.
The accident took place on 22 August 2023 in Khandel village. Hariram, the youngest of three siblings, was walking with his parents along the Bhopal–Sagar road when a speeding car hit him. He was taken to a hospital in Raisen but died during treatment. His parents, Warelal and Maya Rani Gond, daily-wage labourers from Damoh, filed a compensation claim six days later.
The petition named car owner Hemant Kulkarni of Sapphire Biotech Pvt. Ltd., driver Sapna Patel of Bhopal, and National Insurance Company as respondents. The family initially sought ₹11.73 lakh, but the court’s assessment exceeded the claim after factoring in future earning potential.
Advocate Arun Tripathi, representing the family, said the ruling does not treat the case as child labour. “The court acknowledged that a healthy child could grow into a skilled worker or even pursue technical work without formal schooling,” he said.
Until now, compensation awarded in similar cases in the state ranged between ₹5 lakh and ₹7 lakh. Legal experts said the verdict sets a significant precedent for MACT claims involving minors, highlighting the need to account for a child’s future economic prospects when determining damages.
4.jpg)
