Supreme Court Enhances Compensation for Death of Minor in Motor Accident Using Minimum Wages Standard.

The Supreme Court enhanced compensation awarded to the parents of a 14-year-old boy who died in a road accident caused by rash and negligent driving of a truck. Holding that compensation granted by the Tribunal and the High Court was inadequate, the Court applied minimum wages as notional income, added future prospects, adopted a multiplier of 15, and granted amounts under conventional heads including loss of filial consortium and pain and suffering. The Court clarified that claims arising from the death of a child stand on a different footing from claims involving permanent disability of a minor.

• The appellants’ 14-year-old son died in a road accident while proceeding to school with two classmates after a truck, driven rashly and negligently, hit them.

• The two classmates died on the spot, while the appellants’ son succumbed to injuries the following day in hospital.

• The Motor Accident Claims Tribunal awarded compensation of ₹1,29,500 with 6% interest.

• On appeal, the High Court enhanced the compensation to ₹4,70,000 with 6% interest.

• Aggrieved by the inadequacy of compensation, the parents approached the Supreme Court seeking enhancement.

• What should be the appropriate notional income for assessing compensation for the death of a minor child?

• Whether a multiplier of 18 or 15 should be applied in such cases?

• Whether parents are entitled to compensation for pain and suffering endured by the child prior to death?

• The Court held that minimum wages under the Minimum Wages Act, 1948 could be adopted as notional income, fixing it at ₹5,400 per month for a Class-B city.

• A 40% addition towards future prospects was held to be justified.

• Relying on Reshma Kumari v. Madan Mohan, the Court applied a multiplier of 15, clarifying that cases involving permanent disability of a minor (such as Baby Sakshi Greola) stand on a different footing from cases involving death.

• One-half deduction towards personal expenses was applied.

• The Court granted compensation under conventional heads including loss of estate, funeral expenses, and loss of filial consortium.

• Since the child survived for a day after the accident, compensation for pain and suffering suffered by the child was awarded, which would enure to the benefit of the parents as legal heirs.

• Loss of dependency: ₹6,80,400

• Loss of estate: ₹15,000

• Loss of filial consortium: ₹80,000

• Medical expenses: ₹50,000

• Funeral expenses: ₹15,000

• Pain and suffering: ₹25,000

Total Compensation: ₹8,65,400

• The appeal was allowed.

• The respondents were directed to pay the enhanced compensation of ₹8,65,400, after deducting amounts already paid.

• Payment to be made within two months with interest at the rate of 7.5% per annum.

• Pending applications were disposed of.

• Minimum Wages Act, 1948 – Adoption of minimum wages as notional income.

• Reshma Kumari v. Madan Mohan – Application of multiplier in motor accident claims.

• Motor Vehicles Act, 1988 – Principles governing just compensation.

Citation: 2025 INSC 1429

Case: Devendra Kumar Tripathi & Ors. v. The Oriental Insurance Company Ltd. & Anr.

Court: Supreme Court of India

Coram: Justice Ahsanuddin Amanullah & Justice K. Vinod Chandran

Date of Decision: 15 December 2025