N. S. SANJAY GOWDA
LAKSHMINARAYANAPPA @ MOOGAPPA S/O ADINARAYANAPPA – Appellant
Versus
ROYAL SUNDARAM ALLIANZ INS. CO. LTD. – Respondent
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 under the MOTOR VEHICLES ACT , 1988. |
| 04. | Principles relating to compensation for minors’ deaths. |
| 05. | Legal obligation of children under our laws vis-a-vis maintenance of parents. |
| 06. | Principles of compensation in transportation sectors vis-a-vis a minor’s accident. |
| 07. | Compensation for minors’ deaths under the MOTOR VEHICLES ACT . |
| 08. | Decisions of the Apex Court over the past two decades regarding the compensation to be awarded on the deaths of minors in motor vehicle accidents. |
| 09. | Appropriate methodology to be adopted to determine compensation. |
| 10. | The 1st Method of determining compensation - applying the notional income as stipulated in the Second Schedule of the MOTOR VEHICLES ACT . |
| 10.1 | Table 1.1 - compounding inflation rates as per the Second Schedule to the MV Act. |
| 10.2 | Table 1.2 - amounts der |
Abhimanyu Partap Singh v. Namita Sekhon
General Manager, Kerala S.R.T.C v. Susamma Thomas
K. Kumar v. Smt. Leena & Anr. AIR 2010 Kar 75
Kurvan Ansari v. Shyam Kishore Murmu
Master Ayush v. Branch Manager
Meena Devi v. Nunu Chand Mahto
National Insurance Co. Ltd. v. Pranay Sethi
Puttamma v. K.L. Narayana Reddy
Rajendra Singh v. National Insurance Co. Ltd. (2020) 7 SCC 256
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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