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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAKESH SHARMA & ANR. – Appellant
Versus
ASHOK & ORS. – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Appellants/parents of the child, Harsh Sharma, aged about 14 years 10 months, who died in the road accident on 28.09.2017, to seek enhancement of compensation in the sum of Rs.10,20,000/- along with interest @ 6% per annum, granted vide Award dated 26.05.2022.
2. Briefly stated, on 28.09.2017 at about 11:15 p.m. Sh. Satyendra along with his friend, Ajay was going on a Scooty, while Chanden with Harsh as the pillion rider, was driving the Motorcycle to Chattarpur Temple, Delhi. As they climbed down from Naraina Flyover, the Motorcycle driven by Chanden slightly hit another Motorcycle, and lost its balance and fell. At this point, the Offending Truck bearing No.RJ-52GA-2449 being driven by Respondent No.1 in a rash and negligent manner, came from behind and hit Harsh Sharma/pillion rider on the Motorcycle causing him injuries. Subsequently, Harsh Sharma (hereinafter referred to as “deceased”) was taken to DDU Hospital where he was declared “Brought Dead.”
3. The FIR No.219/17 under Section 279/304-A of the Indian Penal Code, 1860 was registered at Police Station Naraina.
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 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....
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....
Under MV Act, there is no restriction that Tribunal/Court cannot award compensation exceeding amount so claimed – Tribunal/Court ought to award ‘just’ compensation.
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....
Compensation for wrongful death must consider educational qualifications and future earning potential over minimum wage assessments, ensuring fairness and reasonableness in calculations.
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 established that compensation for minors must account for permanent disability and future earnings, advocating calculator methods based on minimum wage laws and appropriate multipliers.
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