TIP Essential When Identity Based On Belated 'Alias' Claims; Conviction Can't Rest On Improved Witness Testimonies: Supreme Court Conviction Based On Flawed Identification Cannot Be Sustained In Law: Supreme Court Acquits Sri Lankan National In UAPA Case Penalty For Misdeclaration Of Power Capacity Is Strict Liability; No Need To Prove Intent Or 'Gaming': Supreme Court Authority To Appoint Includes Power To Dismiss; Visitor Can Terminate 'First Registrar' Under Transitional Provisions: Supreme Court State Cannot Use Delay Or Contractual Clauses To Deny Statutory Compensation For Land Acquisition: Supreme Court State As Model Employer Cannot Deny Regularization Benefits To Workers Due To Its Own Clerical Lapses: Supreme Court Section 106 Evidence Act | Husband’s Failure To Explain Wife’s Unnatural Death In Matrimonial Home Completes Chain Of Circumstances: Supreme Court Tender Condition For Out-Of-State Bidders To Submit EMD Via Demand Draft Not Mandatory If Clause Uses 'May': Supreme Court Affidavit Is Not 'Evidence' Under Section 3 Of Evidence Act Unless Court Orders Its Use Under Order XIX CPC: Supreme Court Exclusion Of Natural Heirs Not A 'Suspicious Circumstance' To Invalidate Will If Testator Provides Reason: Supreme Court 18-Year-Old Rendered 100% Disabled Entitled To Compensation For Loss Of Marriage Prospects And Dignity: Punjab & Haryana HC Right To Life Under Article 21 Prioritizes Preservation Of Mother's Life Over Reproductive Autonomy If Termination Poses Fatal Risk: J&K High Court Director’s Involvement In Company Affairs A Disputed Fact; High Court Cannot Conduct ‘Mini-Trial’ To Quash Section 138 NI Act Complaint: Punjab & Haryana HC Abuse Of Process: Bombay High Court Quashes FIRs Against Lawyer & Ex-Police Chief Sanjay Pandey; Says Complaints Motivated By Vengeance Magistrate Not Bound To Order FIR In Every Case Under Section 175(3) BNSS If Complainant Possesses All Evidence: Allahabad High Court High Court Can Initiate Suo Motu Inquiry Against Judicial Officers Based On Information; Sworn Affidavit Not Mandatory: Gujarat High Court Lack Of Videography, Independent Witnesses During Contraband Seizure Relevant Factors For Granting Bail Under NDPS Act: Delhi High Court

In the Realm of Tragedy, No Money Can Compensate the Loss of a Child: High Court Upholds ₹8 Lakh Compensation for Deceased Minor

07 May 2024 8:19 AM

By: Admin


In a poignant judgment, the Punjab and Haryana High Court has dismissed an appeal by United India Insurance Company Limited against the award of ₹8,00,000/- compensation for the death of a minor in a tragic road accident. The court, presided over by Hon’ble Mrs. Justice Ritu Tagore, delivered a significant verdict, affirming the notional income of the deceased minor at ₹50,000/- per annum, while underscoring the inexpressible loss of a child.

The pivotal legal issue revolved around the appropriate assessment of notional income and compensation for the death of Manvi, a 1.5-year-old child, killed in a road mishap due to the rash and negligent driving of the respondent. The tribunal had previously awarded compensation considering a notional income of ₹50,000/- per annum for the deceased, employing a multiplier of 15. The appellant, an insurance company, sought a reduction in the compensation amount, proposing a lower notional income of ₹25,000/-.

Manvi, while playing in the street, was tragically crushed under a vehicle, driven by the respondent in a reckless manner, leading to her untimely demise. The father of the deceased filed an FIR under Sections 279 and 304-A of the IPC. The insurance company contested the award, alleging policy violation and disputing the notional income assessed for the minor.

The court meticulously dissected the arguments, citing precedents such as Meena Devi vs. Nunu Chand Mahto and Kishan Gopal vs. Lala, to affirm the tribunal’s decision. The judgment poignantly highlighted:

The Incalculable Loss: Justice Tagore observed, “Losing a child in an accident is an unfathomable tragedy for parents,” emphasizing the immeasurable emotional impact and the irreversible void left by such a loss.

Assessment of Notional Income: Considering the socio-economic background of the claimants and the inflationary trends, the Tribunal’s assessment of ₹50,000/- as notional income was deemed appropriate.

Compensation as Solace: The compensation was recognized as a means to provide solace, albeit limited, for the lost potential happiness and support the child would have offered in the future.

The High Court, hence, dismissed the appeal, upholding the Tribunal’s assessment and award of compensation. The court concluded that the quantum of compensation granted was just and appropriate under the tragic circumstances.

Date of Decision: April 3, 2024

United India Insurance Company Limited vs Parmod Saini and Others

Latest Legal News