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Supreme Court of India · 13/10/2022

MEENA DEVI versus NUNU CHAND MAHTO @ NEMCHAND MAHTO & ORS

[2022] 18 S.C.R. 449 · 2022 INSC 1080

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Summary

A 12-year-old Class 5 student, described by his mother as brilliant, was killed in 2003 when a jeep hit him outside his house in Jharkhand. The Tribunal awarded a lump sum of Rs 1.5 lakh. The Jharkhand High Court raised it to Rs 2 lakh, the amount claimed in the petition. The Supreme Court allowed the mother's appeal. In child-death cases the Court has raised the Second Schedule notional income of Rs 15,000 because of the fall in the rupee's value: Kishan Gopal took Rs 30,000 for a 10-year-old and Kurvan Ansari took Rs 25,000 for a 7-year-old. Applying Kishan Gopal, the Court took notional income of Rs 30,000 including future prospects and a multiplier of 15, giving Rs 4.5 lakh, and added Rs 50,000 for conventional heads, for a total of Rs 5 lakh. Following Nagappa, it held that an undervalued claim is no bar to awarding just compensation above the amount claimed.

Issues

  1. What is just compensation for the death of a 12-year-old child in a motor accident, and whether compensation may exceed the amount claimed in the petition.

Provisions considered

Held

Result

Appeal allowed; compensation enhanced by Rs 3,00,000 to a total of Rs 5,00,000, the enhanced sum carrying 7% interest from the date of the claim petition, payable by the insurer within four weeks; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 449.