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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.PANDIT, K.V.ARAVIND
Deepa S. W/o Ravi Kumar – Appellant
Versus
HDFC Ergo Gen. Ins. Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to road accident. (Para 1 , 2) |
| 2. arguments regarding the assessment of income and compensation. (Para 3 , 4 , 7 , 8) |
| 3. court's reasoning on income assessment and entitlement. (Para 9 , 10 , 11 , 12 , 13) |
| 4. modification of compensation granted. (Para 14) |
JUDGMENT :
S.G. PANDIT, J.
1. The claimants/parents of the deceased are before this Court, not being satisfied with the quantum of compensation awarded under the judgment and award dated 10.01.2025 in MVC No. 284/2024 on the file of the VIII Additional Judge and Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru (for short “the Tribunal”) and praying for enhancement of compensation.
2. The brief facts of the case are that:
The parents of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, claiming compensation for the death of their son B.R. Manoj Gowda in a road traffic accident that occurred on 11.12.2023 involving motor cycle bearing registration No.KA-51-HU-4097 and a lorry bearing registration No.KA-53-D-4720. It is stated that the deceased was aged about 18 years as on the date of accident and he was earning a sum of Rs.30,000/- p.m. b
Determination of compensation for wrongful death must utilize notional income when actual income is unproven and it should reflect the loss suffered by claimants, including appropriate filial consort....
The inability to provide evidence for actual income necessitates the adoption of notional income as per statutory guidelines for calculating compensation in fatal accidents.
Compensation for death in a motor vehicle accident must consider reasonable estimations of income and future prospects, following precedent statutes.
The court established that notional income for compensation should reflect prevailing rates, leading to an enhancement of total compensation awarded.
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