VidhiSangh

Supreme Court of India · 21/10/2022

SHIV KUMAR & ORS versus GAINDA LAL & ORS.

[2022] 14 S.C.R. 1042 · 2022 INSC 1130

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Summary

A 25-year-old pregnant housewife, who also gave tuition, was killed in a road accident. The Punjab and Haryana High Court assessed her notional income at Rs 6,000 a month, added nothing for future prospects, and awarded Rs 50,000 for the loss of the foetus. On the claimants' appeal, the Supreme Court enhanced the award. Given her contribution to the family and her tuition work, her income should have been taken at no less than Rs 7,500 a month, with 40% added for future prospects, a point the insurer fairly conceded. The award for the foetus was raised to Rs 1 lakh, and the husband and minor son were each awarded Rs 40,000 for loss of consortium or love and affection. The total compensation was fixed at Rs 32,82,000 with 7.5% interest.

Issues

  1. Whether the compensation for the death of a 25-year-old housewife required enhancement as to notional income, future prospects, loss of the foetus and loss of consortium.

Provisions considered

Held

Result

Appeal allowed; the High Court's award modified and the claimants held entitled to a total of Rs 32,82,000 with interest at 7.5% per annum; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 1042.