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B. V. L. N. CHAKRAVARTHI
A Devi, Visakhapatnam W/O Tualsidas – Appellant
Versus
Nadepana Yesu – Respondent
JUDGMENT :
This appeal is preferred by the claimants challenging the award dated 13.10.2015 passed in M.V.O.P.No.615/2014 on the file of Motor Accidents Claims Tribunal-cum-Addl.District Judge, Vizianagaram, wherein the Tribunal while allowing the petition partly, awarded compensation of Rs.2,00,000/- with interest @ 10% P.A. from the date of petition, till the date of realisation, for the death of minor child Allada Naga Tanuj Kumar, aged 9 years, who is son of the claimants.
2. For the sake of convenience, the parties are arrayed as parties in the lower Court.
3. As seen from the record, originally the petitioners filed an application U/s.166 of Motor Vehicles Act, 1988 (for brevity “the Act”) r/w. Rule 455 of Motor Vehicle Rules, claiming compensation of Rs.4,00,000/- on account of the death of minor child Allada Naga Tanuj Kumar, aged 9 years, who died in a road accident occurred on 09.12.2013 while the deceased was on left side of road, the APSRTC Bus bearing No.AP 28 Z 1444 dashed against the child, caused his instantaneous death.
4. The facts show that on 09.12.2013 when the deceased Allada Naga Tanuj Kumar, aged 9 years on far left side of road at B.C.Colony of Jami Village and
The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988 (U/s.166) and Rule 455 of Motor Vehicle Rules in determining compensation for a road accident resul....
Compensation for minors in fatal accidents should reflect potential contributions, with a notional income of Rs.30,000/- applied, leading to an enhanced total of Rs.5,00,000/-.
The court established that in cases of child fatalities due to motor vehicle accidents, the compensation should be calculated using a multiplier method, taking into account the child's potential cont....
Compensation for the death of a minor should appropriately reflect medical expenses and loss of companionship, following guidelines on calculating loss based on age and contribution.
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