VidhiSangh

Supreme Court of India · 29/03/2022

MASTER AYUSH versus THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD. & ANR.

[2022] 1 S.C.R. 831 · 2022 INSC 364

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Summary

A child rendered paraplegic in a road accident challenged reduction of compensation. The Court assessed future earnings using applicable skilled-worker minimum wages, added future prospects and provided for lifelong assistance, replacement mobility devices and other losses. It enhanced compensation to Rs.49,93,000 with 7.5% interest from the claim application, prescribed safeguards for the minor’s award and allowed the appeals with costs throughout.

Issues

  1. How compensation should reflect a young child’s permanent disability, future earnings and lifelong care needs.
  2. What disbursement safeguards should govern the enhanced award.

Held

Result

Appeals allowed with costs throughout. Compensation enhanced to Rs.49,93,000 plus 7.5% annual interest from filing of the claim application until realisation, subject to the guardian-disbursement and fixed-deposit safeguards specified by the Court.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 831.