Mumbai, March 23: Holding that academic performance cannot be a yardstick to judge a student’s future earning potential, the Bombay High Court has enhanced compensation awarded to the family of a 23-year-old homeopathy student who died in a road accident. The court observed that “academic excellence is different and ability to earn as a professional is different”.

Compensation enhanced, insurer’s plea rejected

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Justice Milind Sathaye, on March 16, partly allowed an appeal filed by the deceased Alan Holkar’s family, increasing the compensation from Rs 21.93 lakh to Rs 46.06 lakh. It dismissed the cross-appeal filed by National Insurance Company Ltd seeking a reduction in the award.

Case background and tribunal order

The case arose from a 2014 accident in which Holkar, a third-year BHMS student, died after his motorcycle collided with a truck. His mother, father, and brother had approached the Motor Accident Claims Tribunal (MACT) in Sangli seeking compensation of Rs 1.32 crore under the Motor Vehicles Act. In December 2021, the tribunal held the truck owner, driver, and insurer jointly liable and awarded Rs 21.93 lakh with 7% interest.

Insurer’s arguments rejected

Challenging the award, the insurer argued that the tribunal had overestimated the deceased’s income at Rs 20,000 per month, contending that Rs 10,000 would have been more appropriate as Holkar was a “below-average student”. It also claimed that none of the claimants were financially dependent on him.

Rejecting these arguments, the High Court said the tribunal’s approach of linking academic marks with earning capacity was flawed. “Such direct connection between ‘marks obtained during academics’ and ‘potential to earn after becoming a professional’ cannot be justified,” the court observed.

Court emphasises professional potential

Noting that Holkar was in the third year of his homeopathy degree, the court said he had a clear professional path ahead. “Academically average or even below-average student may earn very well in practice or profession,” it added.

The court emphasised that “reasonable guesswork attached to reality” must be applied in assessing future income in such cases. Considering the family’s background in Miraj and the likelihood of the deceased starting a practice, it reassessed his notional monthly income at Rs 30,000.

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Dependency and final order

The court also rejected the insurer’s claim regarding lack of dependency, noting that no evidence had been led to show that the deceased’s mother was financially independent. However, it upheld the tribunal’s decision to grant compensation only to the mother.

Accordingly, the court enhanced the compensation to Rs 46.06 lakh with 7% annual interest from the date of filing of the claim petition.

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Italy coach Gennaro Gattuso is trying to lead the country to a first World Cup appearance since 2014 (Stefano RELLANDINI)

The final line-up for the 2026 World Cup will be decided over the next week, with 16 teams competing for the last four places allocated to European countries.

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Twelve runners-up from the qualifying groups and four teams that earned spots through their UEFA Nations League results have a second chance to punch their ticket to football's global showpiece. 

AFP Sport looks at the four play-off routes that will determine the remaining qualifiers for the first 48-team World Cup:

Path A 

Four-time World Cup winners Italy face immense pressure as they attempt to qualify for a first appearance at the tournament since 2014. 

After lifting the trophy in 2006, Italy's record at the World Cup has been dire. They suffered two successive group-stage exits before missing out entirely on the 2018 and 2022 editions.

In order to avoid another qualifying failure Italy must overcome Northern Ireland in Bergamo on Thursday, before a potential final against Wales or Bosnia and Herzegovina on March 31.

"It's only normal that there's pressure - only if you had no blood in your veins would you not feel it," said Italy coach Gennaro Gattuso, who played in the 2006 final which the Azzurri won on penalties against France.

Northern Ireland are big underdogs against Italy but hope to end a 40-year absence from the World Cup.

Wales host Bosnia in Cardiff in the other semi-final.

Manager Craig Bellamy told AFP earlier this month that he "feels a responsibility" to lead Wales to a second straight finals. Their appearance in Qatar was the country's first at the World Cup in 64 years.

Path B

Ukraine's footballers will hope to lift the morale of a war-torn country by competing at a first World Cup in 20 years. To get there, they need to beat Sweden on neutral ground in Valencia and then Poland or Albania.

Sweden picked up just two points in a dismal qualifying campaign but a team now coached by former Chelsea and Brighton boss Graham Potter will get another shot on the strength of their Nations League performances.

However, Sweden will be without key man Alexander Isak as the Liverpool forward is not yet ready to return from a broken leg suffered in December.

Poland can count on Robert Lewandowski who is eyeing a third World Cup, but Albania -- led by former Arsenal and Barcelona defender Sylvinho -- believe they have what it takes to qualify for the first time.

Path C

Kosovo stand two wins away from a first major tournament a decade on from their admission to UEFA and FIFA. They came second in their qualifying group after two wins over Sweden and a victory in Slovenia.

"It's a massive opportunity for us. The whole country is buzzing with excitement. Everyone's over the moon," Kosovo captain Vedat Muriqi told FIFA.com.

Mallorca striker Muriqi sits second only to Kylian Mbappe in La Liga this season with 18 goals. The 31-year-old is also Kosovo's all-time record scorer.

Slovakia, who last featured at the World Cup in 2010, host Kosovo in Bratislava while Turkey and Romania square off in Istanbul.

Turkey have not played at the World Cup since a surprise third-place finish in 2002. Romania's most recent appearance was in 1998.

Path D

Troy Parrott's heroics snatched the Republic of Ireland a play-off berth, but there is much still to be done if the Irish are to return to the World Cup stage.

Ireland, who haven't featured at the tournament since 2002, head to Prague to take on the Czech Republic in the semi-finals. The winner of that tie will host the final against Denmark or North Macedonia.

"There's a quiet confidence in the group growing together, it's great to see but we know there's a lot of hard work to come," said Ireland assistant John O'Shea.

Denmark missed out on automatic qualification after a dramatic defeat in Scotland but will be expected to see off North Macedonia, whose lone tournament appearance came at Euro 2020. 

Kasper Schmeichel is absent for Denmark after revealing last week that he may have played his final game, with two surgeries required to repair his damaged shoulder.

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