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Radhey Shyam & Anr vs. IFFCO Tokio General Insurance Co Ltd & Ors and connected matters

Motor Accident Claims Appeal · 2026:DHC:7422Decided 2 Sept 2026New Delhi Bench
MAC.APP. 135/2019, MAC.APP. 178/2018CNR: DLHC010081472019
Justice Anish Dayal

Background

This case, and the connected appeal below (MAC.APP. 178/2018), arise from the same judgment concerning a fatal accident in which an 18-year-old pillion rider was killed after the motorcycle he was riding on collided with a tractor-trolley. The parents (claimants here) sought enhancement of the Rs. 12,10,000/- compensation, arguing the Tribunal had wrongly excluded future prospects and used too low a multiplier.

Decision Breakdown

The Court agreed the compensation needed correction: it deleted a separate "loss of love and affection" amount (as per Supreme Court guidance that this should not be awarded to parents separately), but added Rs. 80,000 for loss of consortium, and, since the deceased was only 18, applied a higher multiplier of 18 along with 40% future prospects, raising the total loss-of-dependency figure substantially. Overall compensation rose from Rs. 12,10,000/- to Rs. 19,24,400/-.

Lesson Learnt

When a young victim dies, courts must apply an age-appropriate (higher) multiplier and add a future-prospects loading to income, rather than freezing compensation at the bare income figure proved at trial.

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