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EASWARAN S.
MASTER JYOTHIS RAJ KRISHNA @ JYOTHI KRISHNA – Appellant
Versus
SUNNY GEORGE – Respondent
JUDGMENT :
1. The vexed question has come up again before this Court. What should be the notional income of a minor, aged 5 years, in a Motor Accident Claim? The accident took place in the year 2016 and for 8 years, the child has been in a paraparesis state. No amount of compensation can give back the child his childhood. Still the insurance company contends that the compensation awarded is highly disproportionate to the claim. On behalf of the minor, the father is aggrieved by the insufficiency of the compensation awarded.
2. The object of an award of damages is to give the plaintiff compensation for the damage, loss or injury. The statement of general rule from which one must always start in resolving a problem as to the measure of damages. A rule equally applicable to tort and contract has its origin in the speech of Lord Blackburn in Livingstone Vs. Rawyards Coal Co. (1880) 5 App Cases 25. He there defined the measure of damages as “that sum of money which will put the party who has been injured or who has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting compensation or reparation” This statement has been consis
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.
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
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....
The court established a dual-component methodology for calculating compensation for minors injured in motor vehicle accidents, addressing both pecuniary and non-pecuniary losses.
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