The Supreme Court of India has allowed a miscellaneous application seeking the apportionment of an enhanced motor accident compensation of Rs 36,38,750 among claimants. A bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran resolved an omission in the original appeal judgment regarding the distribution of the compensation and directed the immediate release of the entire amount. Noting that the children of the deceased have now attained majority, the Court also outlined a detailed distribution plan to divide the share of the victim’s deceased mother among her surviving legal heirs.
Background of the Case
The case arises from a fatal accident that occurred in the year 2010. The claimants—comprising the wife (Appellant No. 1), two children (Appellants No. 2 and 3), and the mother (Appellant No. 4) of the deceased—sought compensation. The High Court had originally awarded an amount of Rs 17,42,875, which was apportioned among the four appellants with a direction to disburse 50% of the funds.
Upon considering the appeal, the Supreme Court subsequently enhanced the total award amount to Rs 36,38,750. However, the final judgment in the appeal left out the specific apportionment details.
Arguments of the Parties
The claimants filed a miscellaneous application to address the omission in the Court’s previous judgment. The applicants pointed out that the judgment in the appeal filed by the claimants omitted to apportion the amounts between the claimants; the wife, two children and the mother of the deceased, especially in the context of the mother having expired during the course of the pendency of the appeal before this Court, who is survived by four sons and a daughter who were also impleaded in the appeal.
Furthermore, the applicants pointed out that since both children of the deceased had reached adulthood, the 50% disbursement limit previously ordered by the High Court should be lifted, and the entire amount should be released to the surviving claimants.
The Court’s Analysis
The Supreme Court analyzed the High Court’s original order, which had apportioned the initial award of Rs 17,42,875 among the four claimants. Adopting the same ratio, the Court apportioned the enhanced award of Rs 36,38,750 as follows:
- Appellant No. 1 (Wife): Rs 15,58,750
- Appellant No. 2 (Child): Rs 8,20,000
- Appellant No. 3 (Child): Rs 8,20,000
- Appellant No. 4 (Mother): Rs 4,40,000
The Court then addressed the division of the estate of the deceased mother (Appellant No. 4), who passed away during the pendency of the appeal. She is survived by six children and the family of her deceased son (represented by Appellants No. 2 and 3).
Out of the Rs 4,40,000 apportioned to her, the mother had already withdrawn Rs 2,00,000 during her lifetime. This left an enhanced balance of Rs 2,40,000. The Court ruled that Appellants No. 2 and 3, as the children of the mother’s deceased son, are entitled to one share of the estate. Thus, the Court ordered that their individual shares be increased by Rs 20,000 each.
The remaining balance of Rs 2,00,000 will be apportioned equally at Rs 40,000 each among the other five legal representatives—the four sons and one daughter of the deceased mother.
Decision of the Court
The Supreme Court allowed the miscellaneous application, directing that the entire outstanding compensation be disbursed.
For the legal representatives of the deceased mother, the Court held that they are entitled to seek their respective shares of Rs 40,000 each from the Tribunal. The Tribunal has been directed to receive the deposit within two months, which will accrue interest at the rate of 7% per annum as directed by the High Court.
Similarly, the remaining balances due to Appellants No. 1 to 3, with the interest rate of 7% per annum, must be deposited or disbursed within two months. The individual shares for Appellants No. 2 and 3 will be enhanced by Rs 20,000 each to reflect their share from their grandmother’s estate.
Emphasizing the duration of the litigation and the status of the children, the Court observed: “Considering the fact that the accident was of the year 2010 and both the children of the deceased have now attained majority, we are of the opinion that the entire amounts shall be disbursed to the appellant Nos.1 to 3 and the legal representatives of the appellant No.4 as directed hereinabove.”
Case Title: M. Sabitha and Ors. Versus Brahma Swamulu and Anr.
Case No.: Miscellaneous Application No. 748 of 2026 in Civil Appeal No. 5706 of 2025
Bench: Justice J.B. Pardiwala, Justice K. Vinod Chandran
Date: July 13, 2026
