VidhiSangh

Supreme Court of India · 16/11/2021

KURVAN ANSARI ALIAS KURVAN ALI & ANR. versus SHYAM KISHORE MURMU & ANR.

[2021] 7 S.C.R. 366 · 2021 INSC 734

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

Summary

The Court enhanced compensation for the death of a seven-year-old child in a 2004 motor accident by assessing notional annual income at Rs.25,000 rather than mechanically applying Rs.15,000. Inflation, currency depreciation and living costs justified the assessment. With multiplier fifteen, filial consortium for both parents and funeral expenses, compensation became Rs.4,70,000 with six per cent interest from the claim date. The insurer remained liable to pay first, with recovery against the unlicensed driver’s vehicle owner left open.

Issues

  1. Whether the old notional-income figure yielded just compensation for the non-earning child on these facts.
  2. What enhanced compensation and payment arrangement should follow.

Held

Result

Appeal partly allowed. Total compensation fixed at Rs.4,70,000 with 6% interest from the claim-petition date to realization, payable by the insurer with recovery liberty against the owner; no costs.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 366.