Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: August 03, 2026

Case Overview

  • Appellant: Gayatree Pattnaik (mother and natural guardian of minor Shreejita Pattnaik) filed a special leave appeal against the High Court of Orissa judgment dated 11.01.2023 in MACA No. 283 of 2022.
  • Respondent No. 2: New India Assurance Company Limited (insurer); Respondent No. 1: Arundhati Sahoo (driver of offending tanker).
  • Accident: Occurred on 16.06.2015 at 11:45 AM when a tanker (Reg. No. OR‑05‑AT‑2751) swerved and collided with the appellant’s Hyundai I‑10 (Reg. No. OR‑23‑E‑0075) carrying the six‑month‑old child Shreejita Pattnaik and her parents.
  • Injuries: Father Umakanta Pattnaik and child suffered multiple grievous injuries; child diagnosed with severe spinal cord and neurological injuries – post‑traumatic myelopathy with paraplegia, 90 % locomotor disability (permanent).
  • Treatment: Child hospitalized at Apollo Hospital (17‑01‑2015 to 01‑07‑2015), Jagannath Hospital (01‑07‑2015 to 08‑07‑2015), and later at AIIMS Bhubaneswar, NIMHANS Bengaluru, Swami Vivekananda National Institute of Rehabilitation, Cuttack, among others.
  • Initial awards: MACT (Motor Accident Claims Tribunal) on 16.04.2022 awarded ₹30,12,960 total compensation (including ₹3,00,000 medical expenses, ₹3,00,000 future medical treatment, ₹30,000 attendant charges, ₹5,00,000 pain & suffering, ₹2,00,000 loss of marriage prospects, ₹50,000 conveyance, ₹16,32,960 loss of future earnings) with 6 % simple interest from filing date (24.08.2015).
  • High Court (11.01.2023) enhanced compensation to ₹45,40,800 by modifying multiplier (15 instead of 18) and increasing non‑pecuniary heads (e.g., ₹22,00,000 for pain, loss of amenities and marriage prospects, ₹5,00,000 future medical treatment, ₹1,30,000 attendant charges).
  • Appeal: Appellant argued that the High Court’s enhancement is still inadequate, citing need for multiplier 18, functional disability 100 %, higher notional income based on skilled‑worker minimum wages, and higher attendant charges.

Final Outcome

  • The Supreme Court modifies the High Court judgment as follows:
  • Loss of future earnings: Re‑calculated using skilled‑worker minimum wage (₹192.50 per day, ₹69,300 per annum, 40 % prospect addition → ₹97,020 per annum). Applying multiplier 18 and functional disability 100 % yields ₹17,46,360.
  • Attendant charges: One attendant at ₹6,000 per month (two attendants = ₹12,000 per month) → ₹1,44,000 per year. Applying multiplier 18 yields ₹25,92,000.
  • Pain, suffering, loss of amenities & loss of marriage prospects: Enhanced to ₹25,00,000 (additional ₹3,00,000 over High Court’s ₹22,00,000).
  • Medical expenses: Confirmed at ₹3,00,000 (no change).
  • Future medical treatment: Enhanced from High Court’s ₹5,00,000 to ₹10,00,000.
  • Conveyance and special diet: Enhanced from ₹50,000 to ₹2,00,000.
  • Total revised compensation: ₹83,38,360 (up from ₹45,40,800).
  • Interest: Awarded at 9 % per annum from the date of filing of the claim petition till realization.
  • Payment direction: New India Assurance Company Limited must deposit the entire amount, together with accrued interest, within six weeks of receiving a copy of this judgment before the 3rd Motor Accident Claims Tribunal, Cuttack, which will then disburse the sum to the appellant.
  • Costs: No order as to costs.
  • Outcome of appeal: Appeal allowed; High Court judgment modified as above.

Topics: Compensation Law, Motor Accident Claims, Insurance Liability