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august 2013

Supreme Court of India · 2013-08-26

MASTER MALLIKARJUN vs DIVNL.MGR.NATIONAL INS.CO.LTD.

Citation / case number
SC 2011/36664
Court
Supreme Court of India
Petitioner
MASTER MALLIKARJUN
Respondent
DIVNL.MGR.NATIONAL INS.CO.LTD.
Author
KURIAN
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 both pecuniary and non-pecuniary damages, particularly the long-term impact of disabilities on the child's life. The Court emphasized that structured formulas under the Motor Vehicles Act may not adequately address the unique circumstances of child victims. Consequently, the Court enhanced the compensation awarded to the appellant from Rs.1,09,500 to Rs.3,00,000, recognizing the significant future implications of the child's injuries.

MASTER MALLIKARJUN vs DIVNL.MGR.NATIONAL INS.CO.LTD. · Niyam