Riyas Vs P.N. Shinosh & Anr. (Supreme Court of India)
Inadequate Awards Corrected- Children Deserve Full Compensation- SC Greatly Enhances Payout for 14-Year-Old with 77% Disability— Pain, Disability, Marriage Prospects: SC Reworks All Heads for Fair Restitution- Compensation Now ₹15 Lakh
The Supreme Court substantially enhanced the compensation payable to a 14-year-old boy who suffered 77.1% permanent disability in a 2002 motor accident. The Motor Accident Claims Tribunal had awarded ₹1,73,000, which the Kerala High Court enhanced by ₹5,75,883, but the claimant sought further enhancement.
The Court noted that the extent of disability was undisputed, the Medical Board’s assessment was accepted, and the accident had drastically affected the child’s future earning capacity, amenities of life, and marriage prospects. Applying the principles laid down in Pranay Sethi, Master Mallikarjun, Kajal, Sidram, and K.S. Muralidhar, the Court held that the High Court’s computation did not adequately reflect the long-term impact of such disability.
Reassessing the compensation, the Court applied a multiplier of 15, allowed 40% future prospects, and valued disability at the certified percentage. It awarded ₹7,03,337 towards loss of future earnings/disability, ₹3,00,000 each towards pain & suffering and loss of marriage prospects, and granted additional amounts for medical expenses, special diet, transportation, and attendant charges. The total compensation was recalculated at ₹15,13,337, entitling the appellant to an additional ₹7,64,454 with 8% annual interest from the date of claim.
The insurer was directed to deposit the enhanced amount into the claimant’s bank account within eight weeks, and file proof before the Tribunal.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
