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CHANDIGARH: Punjab and Haryana HC has held that the death or permanent disability of a minor in a motor accident cannot be equated with that of a “non-earning individual” while computing compensation, reports Ajay Sura. “The reason is obvious: a child, by virtue of tender age, is not engaged in gainful employment, and any rigid categorisation as a ‘non-earner’ would defeat very object of just compensation under Motor Vehicles Act, 1988” HC said. Justice Sudeepti Sharma passed the order while allowing an appeal by Sonia of Sirsa, who challenged a 2012 tribunal award of Rs 3.6 lakh for her minor child’s death in a 2010 accident. Applying minimum wages for a skilled worker, HC assessed child’s notional monthly income at Rs 5,000 and enhanced compensation to over Rs 8.8 lakh with annual interest.
