Answer By law4u team
In cases where a minor (a person below 18 years of age) has been injured or suffered damage, they are legally unable to file a compensation claim on their own due to their age and legal status. However, under Indian law, a guardian (usually a parent or legal representative) can file a compensation claim on behalf of the minor. The legal framework allows for minors to receive compensation for their injuries or damages, but the claim must be processed through their guardian. Let’s explore the details of this process.
Filing a Compensation Claim on Behalf of a Minor
Under Indian law, a minor cannot directly file a compensation claim in a court of law or with a tribunal due to their lack of legal capacity to make decisions. However, the minor's legal guardian (typically the parent or another responsible adult appointed by the court) can file the claim on their behalf.
Who Can Act as a Guardian?
Natural Guardian:
In most cases, the father or mother of the minor child serves as the natural guardian. If both parents are alive, either of them can file a claim on behalf of the minor.
Court-Appointed Guardian:
If the minor does not have a natural guardian (e.g., both parents are deceased or absent), the court can appoint a guardian to represent the minor. This guardian would act on the minor’s behalf to file the compensation claim.
Guardian ad Litem:
In legal proceedings, a guardian ad litem may be appointed by the court specifically to represent the minor in the legal process. This is a temporary guardian who helps the minor pursue the claim.
The Legal Process for Filing a Claim:
Filing a Petition:
The guardian (natural or court-appointed) must file a petition on behalf of the minor in the Motor Accident Claims Tribunal (MACT), civil court, or consumer court (depending on the type of claim). This petition will include the minor's details, the injury or damage sustained, and the reason for the claim.
Proof of Guardianship:
The guardian must provide proof of their legal relationship to the minor. This could include documents like the birth certificate of the minor, the marriage certificate of the parents (if applicable), or a court order appointing a guardian.
Medical Records and Other Evidence:
Like any other personal injury case, the guardian must submit medical records, hospital bills, police reports (if applicable), and other evidence to support the minor’s claim. These documents prove the extent of the injuries and damages suffered by the minor.
Claim Amount:
The claim must specify the amount of compensation being sought. This amount can cover medical expenses, pain and suffering, and any long-term consequences (like disability or future medical needs) resulting from the injury.
Approval from Court:
If the claim involves a significant sum of money, especially in cases where the compensation will be held in trust for the minor, the court’s approval may be required. The court ensures that the settlement is fair and in the best interest of the minor.
Example:
Example 1:
A minor is involved in a road accident where they suffer serious injuries. The parents of the minor file a compensation claim on behalf of their child with the Motor Accident Claims Tribunal (MACT). They submit medical records, the FIR, and other evidence. The tribunal approves the claim and grants compensation for the minor’s treatment, pain, and suffering. The compensation amount is deposited in a trust account until the minor reaches the age of majority (18 years).
Example 2:
A minor is injured due to defective products. The legal guardian files the consumer complaint on behalf of the minor in the consumer court. The court hears the case and awards compensation to cover the minor’s medical expenses, emotional distress, and future care needs. The guardian manages the compensation on behalf of the minor.
Important Considerations:
Court Supervision:
When a claim is made on behalf of a minor, the court often ensures that the compensation amount is managed properly and not misused. In some cases, the court may appoint a trustee to manage the funds until the minor reaches adulthood.
Guardianship Disputes:
In cases where there is a dispute over who should act as the guardian, the court can intervene and appoint a guardian ad litem to represent the minor in the legal process. The appointed guardian will act in the best interest of the minor, ensuring they receive the compensation due.
No Legal Costs:
There are no legal fees or court costs for filing on behalf of a minor, as the claim is typically considered to be for the benefit of the minor child.
Conclusion
A minor can file a compensation claim through their legal guardian under Indian law. The guardian acts on behalf of the minor to seek compensation for injuries or damages sustained by the child. The legal process requires the submission of evidence, medical records, and a petition, and in some cases, the court may supervise the handling of the compensation to ensure it is used in the best interests of the minor.
