Devendra Kumar Tripathi & Ors. Vs The Oriental Insurance Company Ltd. & Anr. (Supreme Court of India)
SC enhances compensation for death of 14-year-old: Minimum wages, 40% future prospects & multiplier 15 applied
.The Supreme Court enhanced compensation payable to parents for the death of their 14-year-old son in a motor accident. The Tribunal had awarded a meagre ₹1.29 lakh, which the High Court enhanced to ₹4.70 lakh. The Apex Court held that notional income should be assessed on the basis of minimum wages applicable to a Class-B city, i.e. ₹5,400 per month, with addition of 40% towards future prospects. Distinguishing Baby Sakshi Greola, the Court applied multiplier of 15 as laid down in Reshma Kumari for death cases and allowed 50% deduction towards personal expenses. The Court also granted conventional heads including loss of estate, funeral expenses, loss of filial consortium, medical expenses, and compensation for pain & suffering since the child survived for a day after the accident. Total compensation was recalculated at ₹8,65,400 with interest @ 7.5% per annum, payable within two months after adjusting amounts already paid.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. Leave granted.
2. A 14-year-old boy, proceeding to school with two of his classmates, met with an accident when a truck driven rashly and negligently took their lives. The son of the appellants No.1 and 2 herein died a day after, in the hospital while the two school mates died on the spot.
