Thursday 25 April 2024

Supreme court guidelines for determination of compensation for loss of marriage prospects due to motor accident

 (9) Marriage Prospects

99. The Tribunal held that the Appellant was young, and due to the physical disability, his marriage prospects are now almost nil. The Tribunal awarded to Rs. 20,000/- under this head. The High Court upheld the amount of Rs. 20,000/-.

100. In Sanjay Kumar (supra), this Court observed as under:

14... On the point of loss of marriage prospects, we feel that it is a major loss, keeping in mind the young age of the Appellant and the High Court has gravely erred in not awarding adequate compensation separately under this head and instead clubbed it under "loss of future enjoyment of life" and "pain and suffering". We thereby award Rs. 75,000 towards loss of marriage prospects...

101. In Ibrahim v. Raju and Ors., MANU/SC/1276/2011 : (2011) 10 SCC 634, this Court held:

19. On account of the injuries suffered by him, the prospects of the Appellant's marriage have considerably reduced. Rather, they are extremely bleak. In any case, on account of the fracture of pelvis, he will not be able to enjoy the matrimonial life. Therefore, the award of Rs. 50,000 under this head must be treated as wholly inadequate. In the facts and circumstances of the case, we feel that a sum of Rs. 2 lakhs should be awarded to the Appellant for loss of marriage prospects and enjoyment of life.

102. In Master Ayush (supra), this Court observed that the victim (5-year-old, paraplegic) was entitled to Rs. 3,00,000/-.

14.... The Appellant has not only lost his childhood but also adult life. Therefore, loss of marriage prospects would also be required to be awarded...

103. In view of the aforesaid, we award a sum of Rs. 3,00,000/- towards loss of marriage prospects.


Civil Appeal No. 8510 of 2022 

Decided On: 16.11.2022

Sidram Vs. The Divisional Manager, United India Insurance Co. Ltd. and Ors.

Hon'ble Judges/Coram:

Surya Kant and J.B. Pardiwala, JJ.

Author: J.B. Pardiwala, J.

Citation:  MANU/SC/1493/2022.

Read full Judgment here: Click here.

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