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RITU TAGORE
Hari Om – Appellant
Versus
Mohd. Yusuf Teli – Respondent
JUDGMENT
Ritu Tagore, J.
Poonam, aged 16 years, a student of 10th standard, lost her life in a motor vehicular accident that occurred on 26.11.2008. The accident was caused by respondent No.1/driver while driving the offending vehicle i.e. a truck bearing registration No.JK-03A-5710, in a rash and negligent manner.
2. Grieving parents (claimants) filed the petition under section 166 of the Motor Vehicles Act, 1988, against the respondents (driver, owner and insurer of the offending vehicle), seeking compensation of Rs. 15,00,000/- for the death of their child.
3. Respondents (driver, owner and insurer), on appearance before the Motor Accident Claims Tribunal, Sonipat (hereinafter to be referred as 'Tribunal'), filed their respective pleadings. After appraisal of the evidence, learned Tribunal granted a sum of Rs. 1,62,500/- as compensation along with interest @ 7.5% per annum from the date of filing of petition till its realisation and held all the respondents jointly and severally liable for the payment of determined amount of compensation, to the claimants.
4. Being dissatisfied with the amount of compensation granted in the impugned award, the claimants have preferred the above ca
Compensation for the death of a minor must reflect loss of potential happiness and contributions, not just financial earnings, with a determined notional income for assessment.
If compensation is assessed based on notional income prevailed in year 1992, relating to death of a 17-year-old boy, who died in year 2013, without factoring in erosion in value of rupee and conseque....
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.
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....
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....
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....
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