Supreme Court Enhances Compensation For 77% Disabled Accident Victim, Cites 'Loss of Marriage Prospects' & Future Medical Treatment Cost
The Supreme Court has enhanced the compensation for a victim who suffered around 77% permanent disability as a teenager in a 2002 motor vehicle accident, awarding special attention to his "loss of marriage prospects". A bench of Justices K Vinod Chandran and NV Anjaria modified the Kerala High Court's award, increasing the total compensation from approximately ₹7.5 lakh to ₹15.13...
The Supreme Court has enhanced the compensation for a victim who suffered around 77% permanent disability as a teenager in a 2002 motor vehicle accident, awarding special attention to his "loss of marriage prospects".
A bench of Justices K Vinod Chandran and NV Anjaria modified the Kerala High Court's award, increasing the total compensation from approximately ₹7.5 lakh to ₹15.13 lakh, taking into account the future medical expenditure to be borne by the Appellant-victim for his treatment.
The Appellant, who was 14 years old and studying in 7th standard, suffered permanent disability on account of the injuries sustained by him in the motor accident when the auto-rickshaw he was traveling in collided with a lorry on April 19, 2002. The Motor Accident Claims Tribunal, Thrissur, initially awarded ₹1,73,000 in 2009, which the High Court enhanced to approximately ₹7.5 lakh in 2020.
Challenging the High Court's grant of compensation as insufficient, the victim moved to the Supreme Court seeking further enhancement.
The judgment authored by Justice Anjaria took into account various aspects while re-computing the compensation. Regarding the medical expenses, the Court noted that "the High Court has taken the basis of the actual bills, overlooking that the appellant would have incurred miscellaneous amounts towards medical treatment during his 22 days stay in hospital, over and above the actual bills in the nature of out-of-pocket expenses."
Reference was also made to the judgment in Sona (minor) vs. Manual C.M.
Most notably, on the issue of marriage prospects, the Court explicitly stated that "under the head of loss of marriage prospects, Rs. 3 lakhs deserves to be awarded," tripling the High Court's allocation of ₹1 lakh. This enhancement was made "in light of the parameters laid down by this Court in Kajal vs. Jagdish Chand, (2020) 4 SCC 413."
On pain and suffering, the Court awarded ₹3 lakh, significantly increasing this component based on "the law laid down by this Court in K.S. Muralidhar v. R. Subbulakshmi & Anr."
Towards loss of amenities, the High Court awarded a just sum of Rs. 80,000/- after considering the nature of injuries and the disabilities, the court said.
Accordingly, the Court directed that the respondent No. 3-Insurance Company to pay the additional compensation amount, along with interest as above, to the appellant by crediting the same in the bank account of the appellant within a period of 8 weeks from the date of judgment, i.e., Nov. 10, 2025.
Cause Title: RIYAS VERSUS P. N. SHINOSH & ANR.
Citation : 2025 LiveLaw (SC) 1094
Appearance:
For Appellant(s) : Mr. Krishna Dev Jagarlamudi, Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mrs. Devika A.l., Adv. Mr. Santhosh K, Adv.
For Respondent(s) : Mr. Sunder Lal Gupta,Adv. Mr. Ashutosh Sharma,Adv. Ms. Gunjan Sharma,Adv. Ms. Neeta,Adv. Mr. Neerat Srivastva,Adv. Mr. Sanathana Bhaarath,Adv. Mr. Varinder Kumar Sharma, AOR Mr. Pramod Kumar Singh,Adv, Ms. Nisha Rani,Adv.