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N. S. SANJAY GOWDA
LAKSHMINARAYANAPPA @ MOOGAPPA S/O ADINARAYANAPPA – Appellant
Versus
ROYAL SUNDARAM ALLIANZ INS. CO. LTD. – Respondent
| Table of Content |
|---|
| 1. judgment indexing and introduction. (Para 1) |
| 2. importance of just compensation for minor deaths. (Para 2 , 6) |
| 3. specific cases of minor fatalities and claim petitions. (Para 3 , 4 , 5) |
| 4. defining just compensation considering emotional and financial loss. (Para 7 , 8 , 9) |
| 5. methodologies for determining compensation. (Para 12 , 13 , 14) |
| 6. future dependency on a deceased minor. (Para 17 , 19 , 20) |
| 7. parents' dependency on minor children. (Para 22 , 23) |
| 8. comparing compensation structures in different transport sectors. (Para 35 , 36 , 68 , 69) |
| 9. inflation impact on compensation values. (Para 39 , 40) |
| 10. non-pecuniary loss considerations. (Para 44 , 45) |
| 11. emotional compensation for loss of affection. (Para 85 , 86) |
| 12. safeguards for financial security through fixed deposits. (Para 108 , 110) |
| 13. insurance obligations to cover future medical expenses. (Para 120 , 121) |
ORDER :
1. To facilitate easy reading of this judgment, the same has been indexed as under:
| S. No. | Particulars |
| 01. | Details of the cases in the present batch of appeals. |
| 02. | The concept of “just” compensation. |
| 03. | Principles regarding the compensation payable for accidents unde |
The court established that for minors' deaths in accidents, just compensation must account for both future dependency and non-pecuniary losses while emphasizing methodologies that align with uniform ....
The court established that compensation for the death of a minor must account for both immediate and future financial dependencies of parents, ensuring just compensation under the Motor Vehicles Act.
The court established that in compensation claims for the death of a minor, the notional income should be based on minimum wages, especially after the omission of the Second Schedule to the Motor Veh....
The court established a dual-component methodology for calculating compensation for minors injured in motor vehicle accidents, addressing both pecuniary and non-pecuniary losses.
The main legal point established in the judgment is the application of the multiplier method and the use of minimum wages for determining notional income in cases of motor accidents involving the dea....
Post deletion of the Second Schedule, compensation for child victims of accidents must be based on Minimum Wages and include future prospects and proper deductions for personal expenses.
The court established that the notional income for a minor in a motor accident claim must reflect just compensation, emphasizing the application of the multiplier system for calculating damages relat....
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