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V. Mekala v. M. Malathi

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4880 of 2014)Decided 25 Apr 2014
Civil Appeal No. 4880 of 2014
Justice Gyan Sudha Misra · Justice V. Gopala Gowda

Background

A high-performing 16-year-old student suffered serious injuries to both legs in a road accident and was left with 70% permanent disability and a need for crutches. The High Court increased her compensation but used a low assumed monthly income for lost future earnings. She appealed for an award reflecting her academic prospects and lifelong difficulties.

Decision Breakdown

The Supreme Court allowed the appeal and awarded Rs.30,93,000 with 9% interest from the claim's filing until payment. It increased the notional monthly income to Rs.10,000 and added the future-prospects component applied in this case, taking her academic performance and disability into account. It also enhanced compensation for pain, assistance and amenities, marriage prospects and continuing crutch needs, and allowed litigation costs. The insurer had to pay half and deposit half for three years within four weeks, with Tribunal-supervised access to the deposit on application.

Lesson Learnt

A student has no salary history, but permanent injuries can still destroy substantial future opportunities. Compensation should consider proven academic prospects, the disability's practical impact and lifelong support needs rather than assuming negligible future earnings.

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

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