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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Aarti Sathe
Reliance General Insurance Co.Ltd – Appellant
Versus
Rajashri Pramanik Sable – Respondent
JUDGMENT :
Aarti Sathe, J.
1. This Appeal challenges the judgment and award dated 11th December 2024 (hereinafter referred to as the ‘impugned judgment and award) passed by the Motor Accident Claims Tribunal, Mumbai (hereinafter referred to ‘MACT’) whereby the applicant (Respondent No. 1 herein) has been awarded an amount of Rs.35,92,000/- along with interest at the rate of 7.5% per annum from the date of filing of the MACT petition/application till its realization.
2. Brief facts of the case are as follows:-
i. Neil Pramanik Sable (hereinafter referred to as ‘deceased minor child’) son of Respondent No.1 met with an accident on 8th November 2019 at about 1:40 pm when he was riding pillion on a motorcycle bearing no. MH-04- GL-4039 along with his father at a moderate speed with proper care and caution of the traffic. The motorcycle of the deceased was dashed from behind by a negligent and rash motor truck bearing no. NL- 03-A-8696 (hereinafter referred to as the ‘offending vehicle’) at Mauje near Ghodbandar Gaon, Varsova Naka, Mumbai- Ahmednagar Highway Road. Due to this unfortunate accident the deceased minor child and his father fell on the road and sustained serious injuries. The de
Compensation for the death of a minor should appropriately reflect medical expenses and loss of companionship, following guidelines on calculating loss based on age and contribution.
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.
Compensation for minors in fatal accidents should reflect potential contributions, with a notional income of Rs.30,000/- applied, leading to an enhanced total of Rs.5,00,000/-.
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 court affirmed that notional income for compensation should reflect wages in the country of employment, not local rates, and clarified that mere overtaking does not imply negligence.
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