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ARCHANA PURI
Parvesh Kumar – Appellant
Versus
Bhola Singh – Respondent
JUDGMENT
Mrs. Archana Puri, J.
The present appeal has been filed by the appellants-claimants, thereby, seeking enhancement of the compensation, so awarded by learned Motor Accident Claims Tribunal, on account of death of their son Keshav @ Kavya Bansal, aged 5 years, in a motor vehicular accident, which took place on 11.03.2014.
2. On appraisal of the evidence brought on record, learned Tribunal had granted compensation, to the extent of Rs.2,05,000/- along with interest @ 6% per annum.
3. So far as the fact of accident and manner of its taking place, as well as liability fastened upon the driver, owner and insurer of the offending vehicle, to be joint and several are concerned, it does not call for any further scrutiny, as the respondents, who have been made liable to pay the compensation, have not challenged the Award.
4. In this backdrop, learned counsel for the appellants has submitted that compensation granted to the appellants-claimants, on account of death of their son Keshav @ Kavya Bansal, in the accident, is meagre, which calls for extensive enhancement.
5. On the other hand, learned counsel for the Insurance company has refuted the claim of the appellants-claimants, while
The court established that the notional income for a non-earning child should be set at Rs.30,000 per annum, applying a multiplier of 15 for calculating compensation, considering inflation and emotio....
The main legal point established in the judgment is the application of legal principles under the Motor Vehicles Act 1988, particularly Section 163A, to determine compensation for the death of a chil....
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....
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.
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.
Under MV Act, there is no restriction that Tribunal/Court cannot award compensation exceeding amount so claimed – Tribunal/Court ought to award ‘just’ compensation.
Post deletion of the Second Schedule, compensation for child victims of accidents must be based on Minimum Wages and include future prospects and proper deductions for personal expenses.
The main legal point established in the judgment is the re-assessment of compensation based on income tax returns and future prospects of the deceased, influenced by the legal principles established ....
The main legal point established in the judgment is the application of the multiplier method and the use of minimum wages for determining notional income in cases of motor accidents involving the dea....
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