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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
Pappu Lal – Appellant
Versus
Shambhu Regar – Respondent
ORDER :
(NUPUR BHATI, J.)
1. The present civil misc. appeal has been preferred by the appellants/claimants underSection 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the judgment and award dated 08.05.2014 passed by learned Judge, Motor Accident Claims Tribunal, Shahpura, District Bhilwara, (‘learned Tribunal’) in Claim Case No.552/2010 whereby the learned Tribunal partly allowed the claim petition filed by the claimants and awarded compensation of Rs.3,25,000/-, in favour of claimants along with interest @ 7 % p.a. while fastening the liability upon the respondents jointly and severally.
2. Brief facts of the case are that on 06.09.2010 at about 4:00 pm, Maina (deceased) was coming home, suddenly a motor cycle bearing Registration No.RJ-06-SA-1208, driven in a rash and negligent manner by the respondent No.2, hit Maina and as a result whereof, she died during her treatment. Her parents, being the claimants, filed a claim petition before the learned Tribunal. Notices were issued and respondents Nos.1,2 and 3, filed reply to the claim petition while denying the averments made in the claim petition. On the basis of the pleadings, the learned Tribunal framed four issues. Oral
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 minors must reflect notional income and apply appropriate multipliers, ensuring just compensation for 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.
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.
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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