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S. G. DIGE
Manjeetsingh Sarmukh Singh – Appellant
Versus
Ramesh s/o. Vishwanathrao Hurne – Respondent
JUDGMENT :
1. Being aggrieved and dissatisfied by the judgment and award passed by the Motor Accident Claims Tribunal, Nanded, the appellant – original respondent no.1 has preferred this appeal.
Brief facts of the case are as under :-
2. On 2nd November, 1993 at about 10.20 a.m. the deceased Abhishek was returning from his school on his bicycle. At the relevant time the offending truck gave dash to his bicycle. Abhishek was fatally injured and died on the spot. Crime was registered against the driver of the offending truck.
3. Respondent nos.1 and 2 [original claimants] filed claim petition for getting compensation before the Motor Accident Claims Tribunal, Nanded [for short ‘the Tribunal’]. Considering the evidence on record and after hearing the parties, the Tribunal has awarded the compensation. Against the said judgment and order, this appeal.
4. The issues involved in this appeal are the compensation given by the Tribunal is on higher side though the deceased was 12 years old and the offending truck was transferred by the appellant to respondent no.4. I deal with these issues one by one.
5. Compensation awarded on higher side :
The potential future income of a deceased and the liability of the registered owner of a vehicle under Section 50 of the Motor Vehicle Act are crucial factors in determining compensation in motor acc....
The Court held that compensation for a minor's death must reflect current values, establishing a notional income of Rs.15,000 per annum and applying an appropriate multiplier for just compensation.
Fatal accident – It is appropriate to take notional income of child victim at Rs.25,000/- per annum, taking into account inflation, devaluation of rupee and cost of living.
The court established that compensation for the death of a minor must reflect loss of dependency, applying a multiplier based on age and relevant legal precedents.
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