VidhiSangh

Supreme Court of India · 18/11/2021

SMT. MEENA PAWAIA & ORS. versus ASHRAF ALI & ORS.

[2021] 10 S.C.R. 1009 · 2021 INSC 750

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court enhanced motor-accident compensation for the death of a young engineering student to Rs.15,82,000 with seven per cent interest. His lack of established earnings did not exclude future prospects: after estimating income from his education and circumstances, a forty per cent addition was appropriate. The deceased’s age governed the multiplier. Acceptance of the existing award in execution, even described as full settlement, did not foreclose a claim for just enhanced compensation.

Issues

  1. How income and future prospects should be assessed for a young student without established earnings.
  2. Whether accepting the existing award in execution barred enhancement.

Held

Result

Appeal partly allowed. Total compensation fixed at Rs.15,82,000 with 7% interest from the claim-petition date to realization. Balance enhancement and Rs.10,000 token costs were to be deposited within six weeks; the enhanced compensation was to be invested for the parents in a nationalized-bank fixed deposit for three years, with periodic interest payable to them.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 1009.