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november 2024

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.

Rushi @ Ruchi Thapa vs M/S Oriental Insurance Co. Ltd · Niyam