The Supreme Court has clarified how the enhanced compensation awarded in a motor accident claim should be distributed among the legal heirs after noticing that its earlier judgment had not specified the apportionment. The Court also directed that the entire amount be released to the eligible beneficiaries, noting that the deceased's children have now attained majority.
Background of the Case
The miscellaneous application was filed by M. Sabitha and Others after the Court's earlier judgment enhanced the compensation from ₹17,42,875 to ₹36,38,750, but did not specify how the amount should be shared among the claimants. The applicants also informed the Court that the deceased's mother, one of the appellants, had passed away during the pendency of the appeal and was survived by her legal heirs.
A Bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran observed,
"We apportion as has been done by the High Court,"
while distributing the enhanced compensation among the appellants in the same proportion earlier adopted by the High Court.
The Court further held that the enhanced amount payable to the deceased mother's estate should be divided among her legal representatives. It clarified that appellant Nos. 2 and 3 would receive an additional ₹20,000 each as their share from the estate, while the remaining legal heirs would receive ₹40,000 each from the balance amount.
Considering that the accident occurred in 2010 and both children of the deceased have become majors, the Supreme Court directed that the entire compensation be released to appellant Nos. 1 to 3 and the legal representatives of appellant No. 4. The Court ordered the balance amount to be deposited within two months with 7% annual interest, in line with the High Court's directions, and allowed the miscellaneous application.
Case Details:
Case Title: M. Sabitha and Ors. vs. Brahma Swamulu and Anr.
Case Number: Miscellaneous Application No. 748 of 2026 in Civil Appeal No. 5706 of 2025
Judge: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Decision Date: July 13, 2026
