Supreme Court of India

Master Mallikarjun v. Divisional Manager, the National Insurance Company Limited & Anr.

Neutral citation

Reported as [2013] 8 S.C.R. 268

Bench Gyan Sudha Misra and Kurian Joseph JJ.

Decided 26 August 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above E 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs.

Judgment, page 8

From the headnote

Motor Vehicles Act, 1988 - s.166 - Compensation claim c - By child victim who suffered disability in a motor accident - Held: While considering the claim by a victim child, it would be unfair and improper to follow the structured formula as per the Second Schedule to the Motor Vehicles Act - The main stress in the formula is on pecuniary damages - For children there is no income - Only indication in the Second Schedule for non-earning persons is to take the notional income as Rs. 15, 0001- per year - child cannot be equated to such a non-earning person - Therefore, compensation is to be

Authorities it was built on

1995 R.D. Hattangadi v. Mis. Pest Control (india) Pvt. Ltd. and Ors. cited by 26
2008 Sapna v. United India Insurance Co. Ltd. & Anr. cited by 2

Where later benches applied it

2025 Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr. referred to
2022 Divya v. The National Insurance Co. Ltd. & Anr referred to
2021 Hdfc Ergo General Insurance Co. Ltd. v. Mukesh Kumar & Ors. referred to
2014 G. Dhanasekar v. M.D. Metropolitan Transport Corpn. Ltd. mentioned

Of those, 3 referred to · 1 mentioned

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