VidhiSangh

Supreme Court of India · 05/01/2021

KIRTI & ANR. ETC. versus ORIENTAL INSURANCE COMPANY LTD.

[2021] 1 S.C.R. 989 · 2021 INSC 6

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Summary

The Court enhanced compensation for the deaths of a married couple from Rs.22 lakh to Rs.33.20 lakh, correcting income assessment, personal-expense deductions and future prospects. The concurring opinion emphasised the economic value of homemaking and entitlement to future prospects on a homemaker’s assessed notional income.

Issues

  1. Whether subsequent death of a dependent or counsel’s concession justified reducing compensation.
  2. How income, personal expenses and future prospects should be assessed where actual earnings were unproved.
  3. How homemakers’ notional income and future prospects should be valued.

Provisions considered

Held

Result

Appeals partly allowed; compensation enhanced to Rs.33.20 lakh. Enhanced amount payable within two months with 9% annual interest from 23 May 2014, the Detailed Accident Report filing date, and apportioned as directed by the Tribunal.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 989.