Punjab and Haryana High Court Enhances Compensation for Minor's Death in Motor Accident

Court awards enhanced compensation using minimum wages, multiplier method, and additional heads, revising the Tribunal's previous award.

In a significant decision impacting motor accident compensation cases, the Punjab and Haryana High Court has revised the compensation awarded to the family of a minor child, Kamal, who tragically died in a motor vehicle accident. The initial award, decided by the Motor Accident Claims Tribunal in Sirsa, was enhanced from Rs. 3,59,365 to Rs. 8,81,915 by Justice Sudeepti Sharma. The decision underscores the importance of adhering to established legal principles when determining compensation for minor victims.

The appeal, filed by the claimant Sonia, challenged the Tribunal's earlier award on grounds of inadequate compensation. The High Court noted that the deceased, Master Kamal, although a minor, should not be categorized as a "non-earner." Instead, the Court adopted the minimum wages for a skilled worker as the basis for assessing potential income, aligning with Supreme Court precedents.

The Court applied the multiplier method, a standard practice for calculating compensation in such cases, and included additional compensation for future prospects, loss of estate, loss of consortium, and funeral expenses. The judgment emphasized the necessity to follow legal standards set by the Supreme Court in cases such as Sarla Verma v. Delhi Transport Corporation and National Insurance Company Ltd. v. Pranay Sethi.

Furthermore, the Court granted interest at 9% per annum on the enhanced amount from the date of filing the claim petition until realization. The Insurance Company has been directed to deposit the enhanced compensation amount within two months.

This judgment highlights the judicial commitment to ensuring just compensation for victims of road accidents, particularly minors, by recognizing their potential future contributions despite their current non-earning status.

Bottom Line:

Compensation must be calculated using minimum wages of a skilled worker, multiplier method, and additional heads like future prospects, loss of estate, loss of consortium, and funeral expenses, adhering to established principles laid down by the Supreme Court.

Statutory provision(s): Motor Vehicles Act, 1988 Sections 166, 168

Sonia v. Amandeep Mittal, (Punjab And Haryana) : Law Finder Doc Id # 2798979