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N. S. SANJAY GOWDA
Master Karthik R. , S/o V. Rajababu – Appellant
Versus
National insurance co. Ltd. – Respondent
JUDGMENT :
1. For convenience, this order has been indexed as follows:
| Sl. | Particulars | Page |
| 1. | Bifurcation of death cases from that of injuries in the present batch of appeals. | 06 |
| 2. | Basic principles relating to assessment of future income in respect of a minor. | 09 |
| 3. | Judgments of the Apex Court relating to payment of compensation. | 11 |
| 4. | The 1st Method — the multiplier method. | 18 |
| 4.1 | Table—1 | 26 |
| 5. | The 2nd Method — adding the nonpecuniary damages stipulated in Master Mallikarjun’s case to the annual inflation rates. | 28 |
| 5.1 | Table—2 | 30 |
| 6. | Inapplicability of the lump sum compensation prescribed for injuries in the rules framed under the Railways Act. | 31 |
| 7. | Conclusion regarding the methodology to be adopted. | 33 |
| 8. | Facts involved in these appeals and the compensation payable. | 34 |
I. BIFURCATION OF DEATH CASES FROM THAT OF INJURIES IN THE PRESENT BATCH OF APPEALS:
2. In a batch of appeals disposed of by a separate order on 17.09.2024
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 court established that compensation for minors must account for permanent disability and future earnings, advocating calculator methods based on minimum wage laws and appropriate multipliers.
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 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 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....
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 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....
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