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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
Devi Singh – Appellant
Versus
Ajit Singh – Respondent
Order :
1. Despite service upon respondent No.1-owner and respondent No.2-driver, nobody has put in appearance.
2. The present civil misc. appeal has been preferred by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the judgment and award dated 29.10.2014 passed by learned Judge, Motor Accident Claims Tribunal Bikaner, (Raj.), (‘learned Tribunal’) in Claim Case No.103/2013, whereby the learned Tribunal partly allowed the claim petition filed by the claimants and awarded compensation of Rs.1,80,000/-, in favour of claimants along with interest @ 7.5% p.a. while fastening the liability upon the respondents.
3. Brief facts of the case are that on 18.12.2012, Kushal Singh(deceased) was going to purchase some grocery item from his house and when he reached on N.H.15, a Motorcycle bearing Registration No.RJ-07-SL-6798, driven in a rash and negligent manner by the respondent No.2, hit Kushal Singh and he received simple as well as serious injuries and finally succumbed to death on 21.12.2012. The claimants, filed a claim petition before the learned Tribunal. Notices were issued and respondents Nos.1 and 2 did not appear and ex parte proceedings
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 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 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 loss of dependency, applying a multiplier based on age and relevant legal precedents.
The court established that compensation for a minor's death in an accident should reflect notional income and appropriate multipliers, enhancing the award from Rs.2,25,000 to Rs.5,65,000.
Compensation for fatal accidents involving minors must utilize a notional income reflective of current economic conditions and an appropriate multiplier based on the child's age.
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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