The Supreme Court Counted The Diapers, The Catheter And A Lifetime Of Care
A child left permanently paralysed in a 2018 car accident had been awarded about Rs 20.8 lakh. The Supreme Court has raised it to more than four times that.
The Court held that Baby Sakshi Greola applies squarely, with reasonable enhancement for the rise in the cost of living. Taking disability at 100 per cent because it is lifelong, loss of earning capacity on the minimum wage of a skilled labourer plus 40 per cent with a multiplier of 18, a skilled attendant, and Rs 5,000 a month for future care, it enhanced the award to Rs 87,15,137.
- 80 per cent on paper became 100 per cent. The doctor said the disability lasts her lifetime.
- A child's lost earnings are measured at a skilled worker's wage, not left to guesswork.
- Diapers and catheters are compensable — Rs 5,000 a month for her whole life, of the Rs 10,000 claimed.
- Double counting was trimmed. Rs 25,000 for discomfort was deleted as already covered by pain and suffering.
- Court
- Supreme Court of India
- Bench
- Justice N Kotiswar Singh, Justice K. Vinod Chandran
- Citation
- 2026 INSC 676
- Reported
- [2026] 8 S.C.R. 84
- Case
- Civil Appeal No. 8809 of 2026
- Decided
- 8 July 2026
- Outcome
- Appeal allowed; compensation enhanced to Rs 87,15,137
What happened to her
In June 2018 a five-year-old girl, travelling with her mother and grandmother, suffered grievous injuries in an accident caused by the rash and negligent driving of a car. Her spinal injuries left her permanently paralysed.
The Motor Accidents Claims Tribunal awarded Rs 14,84,233. The High Court of Madhya Pradesh raised it by Rs 6,00,000. She appealed for more.
Her counsel relied on Baby Sakshi Greola, a similar case of a seven-year-old paralysed in an accident, and pressed a specific claim for future treatment and care: the child is invalid and incontinent, needing physiotherapy, diapers and the occasional catheter.
How the Court worked it out
The Court was convinced the cited decision applies squarely, with reasonable enhancement to reflect the rise in the cost of living — that accident was in 2009, this one in 2018. It requires compensation to be computed at the minimum wage of a skilled labourer, and attendant charges on the same basis, since a paralysed child needs a skilled attendant.
The minimum wage of a skilled labourer in 2018 was Rs 9,560, enhanced by 40 per cent for future prospects, with a multiplier of 18. The certificates put her disability at 80 per cent, but the doctor stated it remains for her lifetime, so the Court took it at 100 per cent.
On recurring care, a paralysed child who is also incontinent definitely requires diapers and a catheter, a further financial liability on her parents. Rs 10,000 a month was claimed; the Court allowed Rs 5,000, multiplied over her life expectancy.
The award, head by head
Loss of earning capacity Rs 28,90,944; medical expenditure Rs 5,54,233; incidental expenses during 58 days in hospital Rs 25,000; attendant expenses Rs 20,64,960.
Pain and suffering Rs 15,00,000; loss of marriage prospects Rs 5,00,000; future care Rs 10,80,000; transportation and special diet Rs 1,00,000. The Rs 25,000 earlier given for discomfort and inconvenience was deleted as covered by pain and suffering.
The total is Rs 87,15,137, payable within two months with interest at the rate awarded by the Tribunal and confirmed by the High Court, after deducting what has already been paid. The appeal was allowed.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
How is compensation calculated for a child who cannot work in future?
On the minimum wage of a skilled labourer in the accident year, plus 40 per cent for future prospects, with a multiplier — here 18.
Are the costs of diapers and catheters covered?
Yes. The Court allowed Rs 5,000 a month for future care over the child's life expectancy.
Claiming for a child left permanently disabled
- Get the treating doctor to depose that the disability is lifelong — that is what moved 80 per cent to 100.
- Produce the notified minimum wage for a skilled worker in the accident year; it is the base for both lost earnings and the attendant.
- Itemise recurring care costs — diapers, catheters, physiotherapy — with a monthly figure the court can multiply.
- Cite Baby Sakshi Greola and ask for enhancement for the years since, not just parity with it.
Source. Supreme Court of India, 2026 INSC 676, [2026] 8 S.C.R. 84, Civil Appeal No. 8809 of 2026, decided 8 July 2026 by Justice N Kotiswar Singh, Justice K. Vinod Chandran. This explainer is written from the judgment text as reported.
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