child-died-in-accident,-court-estimates-future-income-at-₹11,885/month:orders-insurer-to-pay-₹19.8-lakh-to-his-family-as-compensation

The Motor Accident Claims Tribunal (MACT), Bhopal, has directed the National Insurance Company to pay Rs 19.80 lakh to the family of a six-year-old boy who died in a road accident two years ago. The court recognized the child as a skilled worker, estimating his future monthly earnings at Rs 11,885, which was considered while calculating compensation. This is the first case in Madhya Pradesh where such a large claim has been granted for the death of a minor in a road accident, and it is not related to child labor. Accident details: High-speed car strikes child The incident occurred in Khandel village, Raisen district. The parents, Warelal and Maya Rani Gond, residents of Damoh, were working as laborers along with their three children—Asim (12), Mahesh (8), and Hariram (6). On 22 August 2023, Hariram was walking with his parents along the roadside while carrying food. A speeding car on the Bhopal–Sagar road struck Hariram, causing fatal injuries. He was rushed to a Raisen hospital, but he succumbed to his injuries. The family filed a claim on 28 August 2023 in MACT against the car owner Hemant Kulkarni (Sapphire Biotech Pvt. Ltd., Bhopal), the driver Sapna Patel (wife of Ramakant Patel, Bhopal), and National Insurance Company Limited, Bhopal, demanding Rs 11.73 lakh in compensation. Court recognizes child as skilled worker The court relied on the Nagji Bhai judgment, which classifies children aged 1–15 years as potential skilled workers. Hariram’s minimum monthly earnings were estimated at Rs 11,885, which included 40 percent future income prospects, bringing the effective monthly income to about Rs 17,000. Based on this, the insurance company was directed to pay Rs 19.80 lakh to the boy’s family. Significance of the verdict Not a child labor case, but future prospects considered Advocate Arun Tripathi clarified that this was not a child labor case. The court categorized Hariram as a skilled worker. Being healthy, he could have, upon reaching adulthood, pursued technical work or even engineering, even without formal education. This landmark verdict sets a precedent for future MACT claims in cases involving the death of minors, emphasizing the consideration of a child’s future earning potential.