Introduction
The Supreme Court has observed that the loss suffered by parents on account of the death of a child in a motor accident cannot be measured with exact mathematical precision, emphasizing that compensation in such cases must reflect the emotional and non-pecuniary loss suffered by the family.
Key Observations
The Court noted that the death of a child causes immeasurable emotional trauma and loss of companionship to parents, which cannot be quantified solely through mathematical formulas.
While calculating compensation under the Motor Vehicles Act, courts should adopt a just, fair, and reasonable approach, keeping in mind the unique facts and circumstances of each case.
The Bench emphasized that compensation should not be determined by a rigid or mechanical application of formulas, especially where non-pecuniary losses are involved.
Court’s View
The Court reiterated that the objective of compensation in motor accident cases is to provide just recompense to the victims or their dependents.
It stressed that courts must consider both pecuniary and non-pecuniary losses, including the pain, suffering, and loss of love and affection experienced by parents.
Legal Principle
In motor accident claims involving the death of a child, the loss suffered by parents cannot be assessed with arithmetical precision, and compensation must be fair, just, and reasonable in the circumstances of the case.
