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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Insurance Company – Appellant
Versus
Chidara Santhosh – Respondent
| Table of Content |
|---|
| 1. details of the accident and claim petition. (Para 4 , 5 , 6 , 7) |
| 2. tribunal's award and insurance company's arguments. (Para 10 , 11 , 12) |
| 3. application of legal principles for compensation calculation. (Para 16 , 19 , 20) |
| 4. final order modifying the compensation awarded. (Para 22) |
JUDGMENT :
LAXMI NARAYANA ALISHETTY, J.
Heard learned counsel Ms.Satya Manjula for the appellant- insurance company and Sri. Ajay Kumar Madisetty, learned counsel for respondent Nos.1 and 2-claim petitioners.
2. The present appeal has been filed by the appellant-Insurance Company aggrieved by the impugned award, dated 29.06.2025 in M.V.O.P.No.281 of 2022 (old MVOP No.875 of 2019) passed by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge at Mulugu (for short, ‘Tribunal’) and thereby, seeking to set aside the impugned order.
3. Appellant herein is the respondent No.3/insurance company, respondent Nos.1 and 2 herein are the claim petitioners 1 and 2, respondent Nos.3 and 4 herein are the respondent Nos.1 and 2, who are the driver and owner of the crime vehicle, respectively before the Tribunal. For convenience, hereinafter, the parties are referred to as they are arr
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 court established that compensation for deceased minors must reflect notional income and apply appropriate multipliers for just compensation.
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.
Under MV Act, there is no restriction that Tribunal/Court cannot award compensation exceeding amount so claimed – Tribunal/Court ought to award ‘just’ compensation.
The court established that compensation for the death of a minor must reflect notional income and apply appropriate multipliers based on established precedents.
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....
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