Supreme Court: The court must grant compensation towards future prospects for death of child in case of motor accident claim petition

 It is well settled legal principle that in addition to awarding compensation for pecuniary losses, compensation must also be granted with regard to the future prospects of the children. It is incumbent upon the Courts to consider the said aspect while awarding compensation. Reliance in this regard may be placed on the decisions rendered by this Court in General Manager, Kerala S. R. T. C. v. Susamma Thomas   MANU/SC/0389/1994 : AIR1994SC1631 ; Sarla Dixit v. Balwant Yadav   MANU/SC/0338/1996 : (1993)IILLJ664SC ; and Lata Wadhwa case (supra). {Para 31}

32. In view of discussion made hereinbefore, it is quite clear the claim with regard to future prospect should have been be addressed by the courts below. While considering such claims, child's performance in school, the reputation of the school etc. might be taken into consideration. In the present case, records shows that the children were good in studies and studying in a reasonably good school. Naturally, their future prospect would be presumed to be good and bright. Since they were children, there is no yardstick to measure the loss of future prospects of these children. But as already noted, they were performing well in studies, natural consequence supposed to be a bright future. In the case of Lata Wadhwa (supra) and M. S. Grewal (supra), the Supreme Court recognised such future prospect as basis and factor to be considered. Therefore, denying compensation towards future prospects seems to be unjustified.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 3608 of 2009.

Decided On: 15.05.2009

R.K. Malik and Ors. Vs. Kiran Pal and Ors.

Hon'ble Judges/Coram:

S.B. Sinha and Mukundakam Sharma, JJ.

Author: Mukundakam Sharma, J.

Equivalent citations: AIR 2009 SUPREME COURT 2506, 2009 (14) SCC 1, 2009 AIR SCW 4381, (2009) 4 ALLMR 978 (SC), MANU/SC/0809/2009

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Supreme Court: Basic principles for computation of compensation in case of death of child in case of motor accident claim petition

 In cases of young children of tender age, in view of uncertainties abound, neither their income at the time of death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determination on estimated basis. The reason is that at such an early age, the uncertainties in regard to their academic pursuits, achievements in career and thereafter advancement in life are so many that nothing can be assumed with reasonable certainty. Therefore, neither the income of the deceased child is capable of assessment on estimated basis nor the financial loss suffered by the parents is capable of mathematical computation. {Para 8}

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4725 of 2006 

Decided On: 08.11.2006

New India Assurance Co. Ltd. Vs. Satender and Ors.

Hon'ble Judges/Coram:

Dr. Arijit Pasayat and L.S. Panta, JJ.

Author;Arijit Pasayat, J.

Citation: MANU/SC/8659/2006.

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Supreme Court: Motor Accident claim tribunal should not grant any further compensation under the separate head of "future prospects" in case of death of child

The deduction on account of contributory negligence has already been held by us to be unsustainable. The determination of a just and proper compensation to the Appellants with regard to the deceased child, in the entirety of the facts and circumstances of the case does not persuade us to enhance the same any further from Rs. 2,95,000/- by granting any further compensation under the separate head of "future prospects". It may only be noticed that R.K. Malik (supra) does not consider Satender (supra) on the grant of future prospects as far as children are concerned.

{Para 15}

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2624 of 2020.

Decided On: 18.06.2020

Rajendra Singh and Ors. Vs. National Insurance Company Limited and Ors.

Hon'ble Judges/Coram:

Navin Sinha and B.R. Gavai, JJ.

Author: Navin Sinha, J.

Neutral Citation: 2020 INSC 438

Citation:  MANU/SC/0486/2020.

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Madras HC: Minors are non earning members and hence money should not be deducted towards their personal expenses in motor accident claim petition

 So far as minors are concerned, they are non earning members and there is no occasion for them to spend money towards the personal expenses and there cannot be any deduction towards their personal expenses. In Lata Wadhwa case (cited supra) and Kishan Gopal case (cited supra). The Hon'ble Supreme Court after fixing the notional monthly income of the minor applied the multiplier and taken the entire amount as the loss of dependency and no deduction was made for their personal expenses. In the above circumstances, this Court is of the view that there cannot be any deduction towards personal expenses from the notional income of deceased minors.{Para 18}

 IN THE HIGH COURT OF MADRAS

C.M.A. No. 1625 of 2020 and C.M.P. No. 11960 of 2020

Decided On: 10.11.2020

Reliance General Insurance Company Limited Vs. H. Mallika Bee and Ors.

Hon'ble Judges/Coram:

V. Bharathidasan, J.

Citation:  MANU/TN/6628/2020.

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