Rina Rani Mallick vs Susim Kanti Mohanty

2025 INSC 602 Non-Reportable

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Special Leave Petition (C) No.17267 of 2024

RINA RANI MALLICK PETITIONER(S) VERSUS SUSIM KANTI MOHANTY & ANR. RESPONDENT(S)

JUDGEMENT

K. VINOD CHANDRAN, J.

1. This Special Leave Petition is filed against the order

dated 21.08.2023 of the High Court of Orissa which

enhanced the compensation granted to the minor child of

the appellant for the injury suffered in a motor vehicle

accident leading to amputation and permanent disability of

the minor child.

2. The petitioner seeks further enhancement of the

compensation. The motor accident occurred when the

minor child along with her father and mother (appellant), Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2025.04.30 16:14:02 IST Reason:

was travelling in a bus which hit against a tractor. Though,

Page 1 of 5 SLP (C) No. 17267 of 2024 composite negligence was found, respondent No.2 was

directed to pay the entire compensation. Finding the case to

be one of joint tortfeasors, it was held that the claimant could

proceed jointly or severely against all of them or either of

them. The insurer has not filed an appeal, and we are only

concerned with the quantum.

3. The child was a four-year-old who suffered 55%

disability as per the certificate produced as Annexure P2.

The diagnosis was of locomotor disability due to

disarticulation at ankle joint. The child had been subjected

to below knee amputation of the right leg. The Tribunal

awarded a total compensation of Rs.20,03,328/- in the

following manner:-

SI. No. Heads Amount (i) Expenses relating to medical Rs.1,55,554/- expenses (ii) Compensation on account of Rs.50,000/- future treatment. (iii) Attendant charges. Rs.10,000/- (iv) Pain, suffering, loss of Rs.5,00,000/- amenities. (v) Loss of marriage prospects. Rs.2,00,000/- (vi) Conveyance and special diet. Rs.20,000/- (vii) Loss of future earnings. Rs.10,67, 774/- Total Compensation. Rs.20,03,328/-

Page 2 of 5 SLP (C) No. 17267 of 2024

4. The High Court enhanced it with Rs.7 lakhs

considering the inadequate amounts granted towards future

treatment, dependent charges and the amounts granted

towards other heads.

5. In this context, we have noticed a decision of this Court

in Mallikarjun v. Divisional Manager, National Insurance

Company Limited1, wherein a 12-year-old child in the

accident suffered permanent disability of 34% of right lower

limb and 18% to the whole body. This Court emphasising

the fact that there could be no income for children and the

notional income of Rs.15,000/- as per the second schedule,

found that the compensation awarded on that basis would

be inadequate. It was held that the compensation in such

circumstances has to be under the non-pecuniary heads in

addition to the actual amounts for treatment done,

transportation, assistance of attendant, etc. Considering the

fact that the main element of damage in the case of child

victim is the pain, shock, frustration, deprivation of ordinary

pleasures and enjoyment associated with healthy and

mobile limbs, it was held that compensation should enable

1 (2014) 14 SCC 396 Page 3 of 5 SLP (C) No. 17267 of 2024 the child to develop in such a manner as to offset, at least, to

some extent, the inconvenience or discomfort arising out of

the disability.

6. It was held that in addition to the heads for treatment,

attendant expenses, etc. if the disability is above 10% and

upto 30% Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5

lakhs and above 90%, it should be Rs.6 lakhs. A total of

Rs.3,75,000/- was awarded in the said case.

7. Following the above cited decisions, this Court in

Kumari Kiran v. Sajjan Singh2, in the case of two children

having respectively suffered the disability of 30% and

20%awarded a further sum of Rs.1 lakh in addition to Rs.3

lakhs determined in Mallikarjun (supra). The children

were awarded Rs.5,43,844/- and Rs.5,58,876/-.

8. In the present case, disability is 55% and, in such

circumstance, pecuniary compensation of Rs.4 lakhs is

adequate as per the cited decision. However, in the present

case, the Tribunal has adopted an income looking at the

minimum wages and awarded a sum of Rs.10,67,774/-. The

actual expenses relating to treatment was also awarded in

2 (2015) 1 SCC 539 Page 4 of 5 SLP (C) No. 17267 of 2024 addition to Rs.50% for future treatment. There were also

additional amounts granted as seen from the tabulation

above. In addition to this, the High Court had enhanced the

amount with Rs.7 lakhs, thus, awarding a total compensation

of Rs.27,03,328/- with simple interest @ 6% per annum.

9. We are of the opinion that there is no scope for any

further enhancement in this case. The amount granted is far

higher, that was granted in the two cited decisions.

10. The Special Leave Petition stands dismissed.

11. Pending application, if any, shall also stand disposed

of.

………….……………………. J.

(SUDHANSHU DHULIA)

………….……………………. J.

(K. VINOD CHANDRAN)

NEW DELHI;

APRIL 30, 2025.

Page 5 of 5 SLP (C) No. 17267 of 2024