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Baby Sakshi Greola vs. Manzoor Ahmad Simon & Anr.

Not available · 2024 INSC 963Decided 11 Dec 2024
Not available
Justice B.R. Gavai · Justice K.V. Viswanathan

Background

In 2009, the appellant, then a seven-year-old child, was crossing a Delhi road on a zebra crossing with her mother and brother when a speeding car struck her, leaving her with grievous, disabling injuries. The Motor Accident Claims Tribunal initially awarded her about Rs. 5.9 lakh in compensation, and the Delhi High Court later enhanced this by a further Rs. 5.6 lakh. Still dissatisfied that the award did not reflect the true extent of her lifelong injuries and needs, she appealed to the Supreme Court for further enhancement.

Decision Breakdown

The Supreme Court substantially raised the compensation across several heads, including attendant charges (calculated using an 18-year multiplier based on her age), pain and suffering, future medical treatment, and loss of marriage prospects, bringing the total award to roughly Rs. 50.87 lakh. It directed the insurance company to pay this amount, ordered an initial Rs. 10 lakh to be released to her guardian for immediate needs, and directed the remainder be kept in fixed deposits to secure her long-term financial welfare, with interest payable monthly to her guardian.

Lesson Learnt

Courts will look closely and generously at the real, lifelong medical and financial needs of a child injured in an accident rather than mechanically applying a low, one-time compensation figure, and will build in safeguards like fixed deposits to protect a minor victim's award from misuse.

Official source (sci.gov.in)View Judgment (PDF)

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