Devendra Kumar Tripathi vs The Oriental Insurance Company Ltd
- Neutral2025 INSC 1429
Ratio decidendi
The rule this decision rests on
In computing compensation for the death of a minor child in a motor accident claim, the monthly notional income shall be determined by reference to the minimum wages prescribed under the Minimum Wages Act, 1948 for the relevant class of city, with a 40% increase for future prospects, applied to a multiplier of 15, and reduced by one-half for personal expenses. In determining the applicable multiplier for compensation in the death of a minor child, a multiplier of 15 is appropriate, rather than 18, where the child has died (as opposed to a case where a child has suffered grievous injury and become disabled and must live with a debilitating condition), and the claim stands on a different footing from that of a disabled child. Where a minor child has died one day after suffering injuries in a motor accident, the parents are entitled to compensation for the pain and suffering endured by the child during that period before death, which compensation inures to the benefit of the legal heirs. In addition to loss of dependency, parents of a deceased minor child are entitled to separate heads of compensation including loss of estate, loss of filial consortium, medical expenses, funeral expenses, and compensation for the child's pain and suffering before death, each calculated at specified rates.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2025 INSC 1429 Non-Reportable
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
Civil Appeal No……….of 2025 [@Special Leave Petition (C) No.2195 of 2024]
Devendra Kumar Tripathi & Ors. …Appellants Versus The Oriental Insurance Company Ltd. & Anr. …Respondents
JUDGEMENT
K. VINOD CHANDRAN, J.
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.
3. The Motor Accident Claims Tribunal in the claim
Signature Not Verified petition of the parents granted a meagre amount of Digitally signed by VARSHA MENDIRATTA Date: 2025.12.15 15:01:33 IST Reason: Page 1 of 5 CA@SLP (C) No.2195 of 2024 Rs.1,29,500/- (Rupees one lakh, twenty-nine thousand and
five hundred) with 6% interest per annum. On a claim for
enhancement being made before the High Court, the High
Court enhanced it to Rs.4,70,000/- (Rupees four lakhs and
seventy thousand) again with 6% interest.
4. Before us, Mr. John Mathew, learned counsel for the
appellants vehemently argued that there was sufficient
evidence produced before Court with respect to the
earning of persons, who studied along with the deceased,
his contemporaries, who went on to take up different
gainful employments. The criteria adopted by the High
Court is grossly inadequate, is the contention raised. It is
also submitted that a multiplier of 18 has to be adopted.
Reliance was also placed on Baby Sakshi Greola v.
Manzoor Ahmad Simon and Another1, the judgment of a
Division Bench of this Court. Therein a seven-year-old
child had suffered grievous injuries and was rendered
disabled wherein the multiplier of 18 was adopted.
1 2024 INSC 963 Page 2 of 5 CA@SLP (C) No.2195 of 2024
5. Mr. Ranjan Kumar Pandey, learned counsel for the
insurance company, fairly submitted that he has no
objection with respect to the minimum wages being
adopted but the multiplier has to be kept at 15 as has been
laid down in Reshma Kumari v. Madan Mohan2.
6. The facts in Baby Sakshi Greola (supra) are quite
distinct from the present case. Here the child died and the
claim of compensation by the parents would definitely
stand on a different footing from that of a claim filed by a
disabled child, destined to live the rest of his/her life with
a debilitating condition of mental retardation and severe
incontinence.
7. Be that as it may, we are of the opinion that the
monthly notional income can be adopted as per the
Minimum Wages Act, 1948, which both learned Counsel
agree, for a Class B city is at Rs.5400/- per month. A 40%
increase has to be adopted for future prospects and the
multiplier is 15 as held in Reshma Kumari (supra) and
2 2013 SCC OnLine SC 284
Page 3 of 5 CA@SLP (C) No.2195 of 2024 one-half deduction for personal expenses. The provision of
Rs.50,000/- as medical expenses is retained. The claimants
are further entitled to loss of estate and funeral expenses
at the rate of Rs.15,000/- each and loss of filial consortium
at the rate of Rs.40,000/- each.
8. In the present case, the child had died after a day and
hence the parents would be entitled to some compensation
for the pain and suffering suffered by the child on his
death; which inure to the benefit of the legal heirs, which
we compute at Rs.25,000/-. The total compensation, hence,
would be:-
Sr. No. Heads of Claim Amount 1. Loss of dependency Rs.6,80,400/- Rs.5400 x 12 x 140% x 15 x 1/2
2. Loss of estate Rs.15,000/-
3. Loss of consortium @ Rs.80,000/- Rs.40,000/- 4. Medical expenses Rs.50,000/- 5. Funeral expenses Rs.15,000/- 6. Compensation for pain and Rs.25,000/- suffering Total amount Rs.8,65,400/-
Page 4 of 5 CA@SLP (C) No.2195 of 2024
9. The above amount shall be paid to the appellants,
after deducting the amount already paid, within a period of
two months from the date of this order with interest at the
rate of 7.5%.
10. The appeal stands allowed with the above
modification.
11. Pending applications, if any, shall stand disposed of.
……..…….……………………. J.
(AHSANUDDIN AMANULLAH)
…………….……………………. J.
(K. VINOD CHANDRAN)
NEW DELHI DECEMBER 15, 2025.
Page 5 of 5 CA@SLP (C) No.2195 of 2024
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