Accident Compensation Must Reflect Professional Promise, Not Marks – Bombay HC on Third Year BHMS Student’s Accident Death
A 23-year old third year BHMS student died in a motor accident.
The Tribunal has determined the income at Rs.20,000/- per month holding that the deceased had obtained less than 50% marks in second year BHMS examination and it cannot be held that he would have earned Rs.40,000/- per month by running a clinic.
HELD n my view, such direct connection between ‘marks obtained during academics’ and ‘potential to earn after becoming a professional’ can not be justified. ‘Academic excellence’ is different and ‘ability to earn as a professional’ is different. Just as it is true that, academically excellent student may or may not earn well, it is also equally true that academically average or even below-average student may earn very well in practice or profession. What is necessary to be considered is that a student aspiring to become a homeopathy doctor, who had reached third year of the concerned degree course, was lost in the accident. Therefore the reason based on which the amount is reduced is found unjustifiable.
Considering the overall background of the Claimants’ family and the fact that deceased was a student of medical profession of homeopathy, partial enhancement needs to be granted to the extent of Rs.30,000/- per month.
Judgment dated 16.3.2026 of the High Court of Bombay in First Appeal No.924 of 2022 of National Insurance Company Ltd Vs. Sou.Malan Anil Holkar and others with connected first appeal.
