11-year-old Kanwar pilgrim’s death: Delhi High Court hikes compensation to Rs 32 lakh, dismisses ICICI Lombard’s challenge

Justice Anish Dayal noted that the minimum wages of a skilled worker in Delhi on the date of the accident were Rs 20,903 per month.

The high court was hearing cross-appeals filed by ICICI Lombard General Insurance Co Ltd and the victim’s family challenging the award passed by the Motor Accident Claims Tribunal in April 2025.

The court found that the minor boy met with an accident on July 13, 2023, at about 3:15 am, when he was bringing holy Kawar towards his home in Delhi on foot. 

Compensation recalculated

• The Delhi High Court noted that the accident occurred on July 13, 2023, at about 3:15 am, when the deceased was bringing Holy Kanwar towards his home in Delhi on foot.
• The court held that the tribunal had erred in applying the minimum wages of an unskilled worker and a multiplier of 15 while assessing compensation for the death of a minor child.
• Relying on a series of decisions, the Delhi High Court observed that in cases involving the death of a minor, the minimum wages of a skilled worker should be taken as the benchmark income, and a multiplier of 18 should ordinarily be applied.
• The court noted that the minimum wages of a skilled worker in Delhi on the date of the accident were Rs 20,903 per month. 
• After adding 40 per cent future prospects, applying a multiplier of 18, and deducting one-half towards personal expenses, the loss of dependency was recalculated at Rs 31.60 lakh.
• The Delhi High Court further awarded Rs 96,000 towards loss of consortium, Rs 18,000 towards funeral expenses and Rs 18,000 towards loss of estate, taking the total compensation to Rs 32.92 lakh along with interest at 7.5 per cent per annum.
• The insurance company was directed to deposit the balance compensation amount, along with accrued interest, within six weeks. 
• The high court also directed that Rs 2 lakh from the enhanced compensation be released to the claimants within two weeks, while the remaining amount would be kept in fixed deposits in a phased manner.

An accident in 2023 

It was placed on record that the accident occurred on July 13, 2023, when the minor child was walking towards his home carrying a Holy Kanwar. According to the case records, when the child reached near Jhilmil Dhaba, a truck allegedly being driven at high speed, rashly and negligently, struck him from behind, resulting in fatal injuries.

Following the child’s death, his family approached the Motor Accident Claims Tribunal seeking compensation. Subsequently, the Motor Accident Claims Tribunal awarded Rs 23.03 lakh as compensation in April 2025. 

Aggrieved by this award, the insurance company approached the Delhi High Court seeking a reduction of compensation, while the victim’s family filed a separate appeal seeking an enhancement of the amount awarded by the tribunal.

Arguments

Appearing for ICICI Lombard General Insurance Co Ltd., advocate Ved Vyas Tripathi sought a reduction of the compensation awarded by the tribunal.

Representing the claimants, advocate Pankaj Gupta argued that the compensation deserved enhancement and that the tribunal had wrongly applied the minimum wages of an unskilled worker and a lower multiplier while calculating the award.