Assessment of Just Compensation and Functional Disability for Minor Victims Under Motor Vehicles Act
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Case: GAYATREE PATTNAIK FOR SHREEJITA PATTNAIK v. ARUNDHATI SAHOO
Court: Supreme Court of India
Date: 03-08-2026
Law: Motor Vehicles Act, Indian Penal Code.
Highlights of the Judgment:
- Comprehensive analysis of determining just compensation under Section 168 of the Motor Vehicles Act, 1988, for child victims with catastrophic permanent disabilities.
- Distinction between medical disability and functional disability, evaluating physical impairment against actual earning capacity.
- Mandate to use minimum wages for skilled workmen for calculating the notional income of non-earning minor victims.
- Application of the multiplier method for computing future attendant charges and loss of future earnings.
- Enhancement of non-pecuniary damages addressing lifelong deprivations, loss of amenities, and marriage prospects.