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EASWARAN S.
Preethu, W/o. Prasad – Appellant
Versus
Sukumaran P. , S/o. Ayyappan – Respondent
JUDGMENT :
(Easwaran S., J.)
The claimants before the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)No.753 of 2017 are the appellants.
2. One Sreesabari a minor died in a motor accident on 20.07.2017 at 4.10 p.m. Sreesabari and his mother were travelling on a motor cycle bearing Registration No.KL-48-H-2219 ridden by the 2nd petitioner (father) from the bus stand at Ottapalam to Railway Station. When it reached in front of K.V. Textiles at Ottapalam, Autorickshaw bearing Registration No.KL-51-B-3683 driven by the 1st respondent in a rash and negligent manner hit against the motorcycle and as a result of the impact, the victim child sustained fatal injuries and his mother sustained grievous injuries. Though the injured were taken to the hospital, the minor child died on the next day i.e on 21.07.2017. The liability was indemnified by the 2nd respondent.
3. On the side of the claimants, Exts.A1 to A16 were marked. On the basis of the evidence on record, the Tribunal found that in respect of the death of the minor, an amount of Rs.2,44,500/-in addition to the ambulance charges of Rs.5,000/-and treatment expenses of Rs.11,150/-is to be allowed and accordingly awarded the compensa
Compensation for deceased minors should be calculated using the global compensation method, ensuring all relevant heads are considered, including funeral expenses and loss of estate.
Enhance compensation from Rs.2,95,000/- for a deceased minor aged 12 years for an accident that happened on 25.12.2012, this Court cannot enhance compensation to a deceased minor aged 6 years for an ....
The court finds compensation for the death of a minor must align with established precedents, resulting in an aided enhancement.
The value of a child's consortium far exceeds the economic value of compensation in the case of the death of a child, and parents can be awarded compensation for loss of love, affection, care, and co....
The court established that parents can claim prospective losses from the death of a minor child based on reasonable expectations of future benefits, enhancing the compensation awarded.
Compensation awarded for the death of a minor must consider future earning potential without discrimination based on age.
Future loss compensation is valid for deceased minors; potential contributions can justify claims despite no actual financial benefits during their lifetime.
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....
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/-.
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