VidhiSangh

Supreme Court of India · 16/08/2019

SMT. SUNITA TOKAS & ANR. versus NEW INDIA INSURANCE CO. LTD. & ANR.

[2019] 10 S.C.R. 616 · 2019 INSC 912

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

Summary

Compensation for the death of a 21-year-old bachelor was enhanced by applying the multiplier based on his age rather than his mother’s. His swimming skills and competition record justified notional income of Rs.12,000 per month, with 40% future prospects and a 50% personal-expense deduction. The total award became Rs.20,64,400, with the enhancement payable within one month and carrying 7% simple interest from the claim petition.

Issues

  1. Whether a bachelor’s age or his dependant’s age determines the multiplier.
  2. What notional income and future-prospects addition were justified for the trained swimmer.

Held

Result

Appeal allowed; compensation enhanced to Rs.20,64,400. Insurer to pay the additional Rs.11,39,400 within one month, with 7% simple interest from the claim petition to realisation. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 616.