Supreme Court of India · 2024-11-05
Rushi @ Ruchi Thapa vs M/S Oriental Insurance Co. Ltd
- Citation / case number
- 2024 INSC 837
- Court
- Supreme Court of India
- Petitioner
- Rushi @ Ruchi Thapa
- Respondent
- M/S Oriental Insurance Co. Ltd
- Author
- Sanjay Kumar
- Bench
- Sanjay Kumar
Judgment text excerpt
The Supreme Court upheld the decision of the Gauhati High Court, which enhanced the compensation for a child victim of a road accident from ₹5,59,771 to ₹18,97,371, citing the need to accept the 75% permanent disability as per the Disability Certificate under the Motor Vehicles Act, 1988. The Court emphasized that the assessment of compensation should consider the victim's potential earning capacity, even for a minor, and referenced the precedent set in Master Ayush vs. Branch Manager, Reliance General Insurance Company Limited. The Court affirmed the principle that compensation must adequately reflect the severity of the injury and its impact on the victim's life.