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Supreme Court of India 2022-07-06 partly_allowed

Abhimanyu Partap Singh vs Namita Sekhon and Another

Bench: 2 — J.K. Maheshwari

In Brief

A child aged 5.5 years suffered 100% permanent disability in a 1996 road accident, including spinal cord injury, complete lower limb paralysis, and partial upper limb paralysis. The Motor Accident Claims Tribunal awarded Rs. 9 lakhs; the High Court enhanced it to Rs. 23.2 lakhs. The Supreme Court held that the High Court's award was inadequate. Applying the multiplier method (multiplier 18) and recognizing the lifelong nature of disability, the Court recalculated compensation in pecuniary heads (future loss of earnings, attendant charges, medical expenses, transportation) at Rs. 46.62 lakhs and non-pecuniary heads (pain, suffering, loss of amenities, marital prospects) at Rs. 5 lakhs, totalling Rs. 51.62 lakhs. The Court awarded an additional Rs. 28.42 lakhs with interest at 6.5% p.a."

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Motor Vehicle Accidents Compensation Law Personal Injury Damages Assessment Disability Law

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