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.