VidhiSangh

Supreme Court of India · 18/10/2022

DIVYA versus THE NATIONAL INSURANCE CO. LTD. & ANR

[2022] 14 S.C.R. 956 · 2022 INSC 1108

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Summary

A two-year-old girl was gravely injured in 1998 when a rashly driven car hit the autorickshaw she was in. The Tribunal dismissed her claim on a technical ground; the Madras High Court had a Medical Board assess her near-total disability and awarded Rs 13.34 lakh. The Supreme Court enhanced compensation on the principles in Raj Kumar and Kajal. For victims up to 15 years the multiplier is 15, following Reshma Kumari as approved in Pranay Sethi, not 18. Lifelong care by two attendants at Rs 10,000 a month warranted Rs 18 lakh. Pain, suffering and loss of amenities were raised to Rs 6 lakh for disability above 90%, Rs 3 lakh was added for loss of marriage prospects, and future medical and diet expenses were increased. The total enhancement was Rs 24.90 lakh, partly to be kept in a protected fixed deposit.

Issues

  1. What is just compensation for a child left with near-total permanent disability by a motor accident, and under which heads.
  2. What multiplier applies to a claimant aged up to 15 years when computing lump-sum compensation.

Provisions considered

Held

Result

Appeal disposed of; compensation enhanced by Rs 24,90,000 with 7.5% interest from the High Court's judgment, payable by the insurer within three months, Rs 15 lakh to be held in a fixed deposit for the appellant's care; no costs.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 956.