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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Selvi – Appellant
Versus
K. Mohan – Respondent
JUDGMENT :
1. Challenging the award dated 22.04.2013 made in MCOP No.1814 of 2010 on the file of the Motor Accidents Claims Tribunal/VI Judge, Court of Small Causes, Chennai, the claimants have come up with the present appeal.
2. It is the case of the appellants/claimants that, on 28.03.2010 at about 06.00 hours, when the deceased Agalya was sitting at Megavannan Tea Stall, E.C.R. Road, Illayanthoppu, Kanchi District, at that time, a Omni Van bearing Regn.No.TN-51-T-9966, owned by the 1st respondent insured with the 2nd respondent driven by its driver which was proceeding from Pondicherry towards Chennai came in a rash and negligent manner and dashed against the deceased Agalya, due to which she sustained fatal injuries and died on the spot. Thereby, the appellants/claimants, who are the parent of the deceased Agalya filed a claim petition before the tribunal claiming a compensation of Rs.6,00,000/-. Before the Tribunal, the claimants examined two witnesses viz., P.W.1 and P.W.2 and marked exhibits P.1 to P.4 and on the side of the respondents no witnesses were examined and no documents were marked. After trial, the Tribunal, on appreciation of oral and documentary evidence, though c
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/-.
The main legal point established in the judgment is the application of legal principles from the case of Kishan Gopal and Others vs. Lala and Others, (2014) 1 SCC 244 to calculate the enhanced compen....
Point of Law : In spite of repeated directions, Scheduled-II of Motor Vehicles Act, 1988 is not yet amended. Therefore, fixing notional income of Rs.15,000/-per annum for non earning members is not j....
Notional figure fixed by the Apex Court since Manju Devi's judgment has been consistently Rs.2,25,000/- for children below the age of 15 years.
Compensation for the death of a minor should appropriately reflect medical expenses and loss of companionship, following guidelines on calculating loss based on age and contribution.
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.
The main legal point established is the correct determination of notional income, application of the appropriate multiplier, and awarding compensation for future prospects in motor accident claims ca....
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