Devendra Kumar Tripathi vs Oriental Insurance Company Ltd. 2025 INSC 1429 - Motor Accident Compensation - Parents As Claimants
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Motor Accident Compensation - The claim of compensation by the parents of a deceased child would definitely stand on a different footing from that of a claim filed by a disabled child, destined to live the rest of his/her life with a debilitating condition of mental retardation and severe incontinence. [Context: Supreme Court held that multiplier of 15 has to be adopted and not 18- monthly notional income can be adopted as per the Minimum Wages Act, 1948, for a Class B city is at Rs.5400/- per month]
Case Info
- Case name: Devendra Kumar Tripathi & Ors. v. The Oriental Insurance Company Ltd. & Anr.
- Neutral citation: 2025 INSC 1429
- Coram: K. Vinod Chandran, J.; Ahsanuddin Amanullah, J.
- Judgment date: December 15, 2025
- Procedural posture: Civil Appeal (arising out of SLP (C) No.2195 of 2024)
Caselaws and Citations
- Reshma Kumari v. Madan Mohan, 2013 SCC OnLine SC 284.
- Baby Sakshi Greola v. Manzoor Ahmad Simon and Another, 2024 INSC 963.
Statutes/Laws Referred
- Minimum Wages Act, 1948 (used to fix notional income; Class B city rate at Rs. 5,400 per month).
- Principles under Motor Vehicles Act compensation jurisprudence (multipliers, future prospects, consortium, funeral expenses), with multiplier guided by Reshma Kumari.
#SupremeCourt holds that the claim of compensation by the parents of child who died in Motor Accident would definitely stand on a different footing from that of a claim filed by a disabled child. https://t.co/pOUvgmbQAi pic.twitter.com/z36IxgWa5X
— CiteCase 🇮🇳 (@CiteCase) December 16, 2025