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august 2013

Supreme Court of India · 2013-08-26

Master Mallikarjun vs Divnl.Mgr.National Ins.Co.Ltd.& Anr

Citation / case number
AIR 2014 SC (CIV) 406
Court
Supreme Court of India
Petitioner
Master Mallikarjun
Respondent
Divnl.Mgr.National Ins.Co.Ltd.& Anr
Bench
Kurian Joseph, Gyan Sudha Misra

Judgment text excerpt

The Supreme Court held that in assessing compensation for a child victim of a motor accident, the courts must consider the unique circumstances of the child's age and the resulting disabilities, rather than strictly adhering to the structured formula under the Motor Vehicles Act. The Court emphasized that non-pecuniary damages, including pain, suffering, and loss of future amenities, must be adequately addressed. The Court enhanced the compensation awarded to the child, recognizing the inadequacy of previous awards and the need for a fair assessment of damages under Section 166 of the Motor Vehicles Act.

Master Mallikarjun vs Divnl.Mgr.National Ins.Co.Ltd.& Anr · Niyam