Road Accident | No Compensation For “Future Prospects” In Case Of Child's Death: Rajasthan High Court Reiterates
Rajasthan High Court has reiterated that in case of death of a child in a motor vehicles accident, the compensation cannot be awarded for such death under the head of “future prospects”.The bench of Justice Nupur Bhati relied upon Rajendra Singh & Ors. v. National Insurance Company Ltd. in which the Supreme Court had rejected the argument of increasing the compensation awarded to...
Rajasthan High Court has reiterated that in case of death of a child in a motor vehicles accident, the compensation cannot be awarded for such death under the head of “future prospects”.
The bench of Justice Nupur Bhati relied upon Rajendra Singh & Ors. v. National Insurance Company Ltd. in which the Supreme Court had rejected the argument of increasing the compensation awarded to the concerned parties in relation to death of their child by granting further compensation under the separate head of “future prospects” since it was opined that the head could not be used as far as children were concerned.
In this background, the Court allowed the appeal filed by the United India Insurance Company Limited (“Insurance Company”) and reduced the compensation granted by the Motor Accidents Claim Tribunal to the parents of a 13 year old girl who died after being involved in a road accident.
The accident involved a father and his daughter who were returning back from the daughter's school on a motorcycle when they met with an accident with a tractor which was being driven rashly and negligently by the driver. As a result, the father suffered injuries while the daughter lost her life. The Tribunal had awarded compensation, both towards the injuries of the father as well as the death of the daughter and had directed the Insurance Company to pay the same.
An appeal was filed by the Insurance Company against both the claims and one of the arguments raised by the counsel, while questioning the quantum of compensation towards the deceased daughter, was that since the daughter was only 13 years old and hence not assisting her parents in any manner, no sum could be granted under the head of “future prospects” in relation to her that has been done by the Tribunal.
The Court found "considerable force" in the argument and accordingly, reduced the compensation awarded by the Tribunal towards the deceased child by removing the amount under the head of “future prospects” and the appeal was allowed to that extent.
Title: United India Insurance Company Limited v Ramesh Chandra & Ors.
Citation: 2024 LiveLaw (Raj) 225