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Kumari Kiran v. Sajjan Singh

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8632 of 2014)Decided 11 Sept 2014
Civil Appeal No. 8632 of 2014
Justice V. Gopala Gowda · Justice Adarsh Kumar Goel

Background

Two children riding pillion with their father suffered serious leg fractures when a tractor collided with their motorcycle. All three were left with shortened legs and permanent disability. They challenged the compensation amounts and the deduction made for the father's supposed contributory negligence.

Decision Breakdown

The Supreme Court enhanced compensation to ₹5,43,844 for Kiran, ₹5,58,876 for Sachin and ₹5,80,154 for their father, with 9% annual interest. Children's disability required a suitable lump-sum assessment including future effects, rather than a meagre assumed income. The father's agricultural work supported higher notional earnings, and no evidence established contributory negligence merely from the vehicles' post-collision position. Parts of the children's awards were placed in deposits with withdrawal permitted for education, development and welfare.

Lesson Learnt

Accident compensation must reflect lasting disability, treatment, care and future needs, especially for children. A reduction for contributory negligence needs evidence of fault rather than an assumption based only on where vehicles ended up.

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

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