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Supreme Court of India 2022-03-29 allowed

Master Ayush vs Branch Manager, Reliance General insurance Co. Ltd. & Anr

Bench: 2 — Hemant Gupta

In Brief

A five-year-old boy, rendered paraplegic from a 2010 road accident, challenged the High Court's compensation award of Rs. 13.47 lakhs as inadequate. The Supreme Court held that compensation for permanent disability in a child victim should be assessed liberally and comprehensively. It fixed compensation at Rs. 49.93 lakhs, based on skilled minimum wages (Rs. 3,700 monthly) plus 40% for future prospects, multiplied by 18 years' multiplier, plus medical expenses, future device costs, pain and suffering, loss of marriage prospects, lifetime attendant charges, and conveyance charges. The Court emphasized that such compensation, awarded once, should be substantial and not token, and prescribed careful management of the awarded sum during the child's minority.

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Motor Accident Compensation Permanent Disability Compensation Assessment Minor Victims Loss of Earning Capacity Medical Damages Tort Law Civil Procedure

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