Supreme Court Enhances Compensation for Death of Minor Child; Applies Minimum Wages, Future Prospects and Filial Consortium

Case Name: Devendra Kumar Tripathi & Others v. The Oriental Insurance Company Ltd. & Another
Citation: 2025 INSC 1429
Date of Judgment/Order: 15 December 2025
Bench: Ahsanuddin Amanullah, J.; K. Vinod Chandran, J.

Held: The Supreme Court held that compensation awarded for the death of a 14-year-old child in a motor accident must be recalculated by adopting notional income based on minimum wages, adding future prospects, applying the correct multiplier, and granting amounts under conventional heads including filial consortium and pain and suffering, as the High Court’s approach resulted in an inadequate and unjust award.

Summary: The appellants’ 14-year-old son died after being hit by a truck while proceeding to school. The Motor Accident Claims Tribunal awarded a meagre compensation of ₹1,29,500, which was enhanced by the High Court to ₹4,70,000. Dissatisfied, the parents approached the Supreme Court seeking further enhancement. The appellants argued for adoption of higher income benchmarks and a multiplier of 18, relying on Baby Sakshi Greola. The insurance company conceded to adoption of minimum wages but pressed for application of multiplier 15 as per Reshma Kumari. The Supreme Court distinguished Baby Sakshi Greola on facts, noting that it concerned a disabled child, not death. The Court adopted minimum wages for a Class-B city, added 40% future prospects, applied multiplier 15 with one-half deduction for personal expenses, and allowed amounts for loss of estate, funeral expenses, filial consortium, medical expenses, and compensation for pain and suffering endured by the child before death.

Decision: The Supreme Court allowed the appeal and enhanced the total compensation to ₹8,65,400, after deducting the amount already paid, with interest at 7.5% per annum. The amount was directed to be paid to the appellants within two months. All pending applications were disposed of.