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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAKESH SHARMA & ANR. – Appellant
Versus
ASHOK & ORS. – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to road accident (Para 1 , 2 , 3 , 4) |
| 2. arguments on calculation of compensation (Para 5 , 6) |
| 3. assessment method for notional income (Para 7 , 8 , 9) |
| 4. precedents on notional income valuation (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. transition from notional income to minimum wage (Para 18 , 19 , 20) |
| 6. minimum wage as standard for child compensation (Para 21 , 22 , 23) |
| 7. verification of deceased's educational qualifications (Para 24 , 25 , 26) |
| 8. future prospects considered in compensation (Para 27 , 28) |
| 9. deduction for personal expenses (Para 29 , 30 , 31) |
| 10. multiplier application for compensation calculation (Para 32 , 33 , 34) |
| 11. total loss of dependency calculation (Para 35 , 36) |
| 12. non-pecuniary heads of compensation (Para 37 , 38 , 39) |
| 13. final compensation awarded to applicants (Para 41 , 42 , 43 , 44) |
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%
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.
(1) Death in motor accident – Objective of awarding compensation is to ensure “just and reasonable compensation” to victim or dependants of deceased.(2) Notional income of engineering student cannot ....
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.
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