IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
Rupa, W/o Nagaraj – Appellant
Versus
Sandeep, S/o Suresh Joshi – Respondent
JUDGMENT :
SHIVASHANKAR AMARANNAVAR, J.
This appeal is filed by the appellants - claimants seeking enhancement of compensation as awarded in the judgment and award dated 07.09.2022 passed in MVC.No.261/2021 by the Prl. Senior Civil Judge and MACT, Kalaburagi.
2. The facts leading to filing of claim petition are as under:-
That on 28.11.2019 at about 02.00 p.m. the appellants - claimants along with their minor son - Sharat were having their lunch near the Brick Bhatti, near Pingali village on Satara – Prandarapur road, at that time the Tata Sumo bearing Reg.No.MH-50-A-7030 came with high speed and dashed to their minor son – Sharat. He sustained grievous injuries, he was taken to Government Hospital and he has been declared as brought dead by the doctor. The deceased – boy was stated to be 05 years and was a student. The parents of the deceased – boy have filed the claim petition. The Tribunal assessed the compensation and passed the impugned award.
3. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants – claimants have filed this appeal for enhancement of compensation.
4. Heard learned counsel for the appellants-claimants and learned counsel for re
Compensation for the death of a minor must reflect notional income, adjusted for parental age and applicable multipliers, resulting in a total compensation of Rs.8,30,000.
The court established that the notional income for a non-earning child should be set at Rs.30,000 per annum, applying a multiplier of 15 for calculating compensation, considering inflation and emotio....
Point of Law : In spite of repeated directions, Scheduled-II of Motor Vehicles Act, 1988 is not yet amended. Therefore, fixing notional income of Rs.15,000/-per annum for non earning members is not j....
The main legal point established in the judgment is the application of legal principles under the Motor Vehicles Act 1988, particularly Section 163A, to determine compensation for the death of a chil....
Notional figure fixed by the Apex Court since Manju Devi's judgment has been consistently Rs.2,25,000/- for children below the age of 15 years.
The main legal point established in the judgment is the application of legal principles established by the Apex Court in determining the correct compensation amount for the claimants in a motor accid....
Compensation for death in motor vehicle accidents must be fair and based on actual income and future prospects, not merely nominal figures.
Compensation for death in a motor vehicle accident must consider reasonable estimations of income and future prospects, following precedent statutes.
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