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NUPUR BHATI
Budha Ram, S/o. Sukhdev – Appellant
Versus
Mohd. Sharif, S/o. Mr. Khudabaksh – Respondent
JUDGMENT :
(Nupur Bhati, J.)
1. The instant misc. appeal, seeking enhancement, has been preferred by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter as ‘the Act’) against the judgment and award dated 30.04.2013 (hereinafter as ‘the impugned award’) passed by MACT (I), Jodhpur (hereinafter as ’the learned tribunal’) in MAC Case no. 616/2010 (filed under Section 166 of the Act), whereby the learned tribunal has awarded Rs. 1,00,000/- along with interest @8.5% (from the date of filing of the claim petition i.e., 31.07.2010) to the appellants/claimants and held the respondents/non-claimants jointly and severally liable to pay the said compensation.
2. Briefly stated the facts of the case are that on 09.08.2001 Manoj (5 years old at the time of the accident) was travelling on the bike bearing registration no. RJ24 M 1222, which was being ridden by Mr. Prem Singh, as a pillion rider along with his mother-Mrs. Meera and one other person. And at around 3:45PM, the truck bearing registration no. RJ16U6001 (hereinafter as ‘the offending vehicle’), which was being driven by the Respondent no.1/owner-driver in a rash and negligent manner, dashed into the
The court established that compensation for the death of a minor must reflect loss of dependency, applying a multiplier based on age and relevant legal precedents.
The court established that compensation for deceased minors must reflect notional income and apply appropriate multipliers for just compensation.
The court established that compensation for the death of a minor must reflect notional income and apply appropriate multipliers based on established precedents.
The court established that compensation for minors must reflect notional income and apply appropriate multipliers, ensuring just compensation for loss of dependency.
The court established that compensation for a deceased minor should be based on notional income and applicable multipliers, ensuring just compensation reflecting loss of dependency.
The court upheld the compensation awarded for the death of a minor, affirming the adequacy of Rs.5,00,000/- as just and reasonable under the Motor Vehicles Act.
The court established that compensation for wrongful death must accurately reflect notional income and dependency, adhering to Supreme Court precedents.
Under MV Act, there is no restriction that Tribunal/Court cannot award compensation exceeding amount so claimed – Tribunal/Court ought to award ‘just’ compensation.
Fatal accident – It is appropriate to take notional income of child victim at Rs.25,000/- per annum, taking into account inflation, devaluation of rupee and cost of living.
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