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IN THE HIGH COURT OF DELHI AT NEW DELHI
MS. NEENA BANSAL KRISHNA, J
THE ORIENTAL INSURANCE CO LTD. – Appellant
Versus
SMT SUSHILA W/o Sh. Naresh Sharma (mother of deceased) – Respondent
| Table of Content |
|---|
| 1. overview of the compensation claim following the child's death. (Para 1 , 2 , 3 , 4) |
| 2. analysis of how income loss is calculated post child's death. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. transition to minimum wage as a standard calculation for child fatalities. (Para 19 , 20 , 21 , 22 , 23) |
| 4. inclusion of future prospects in compensation calculation. (Para 25 , 26) |
| 5. determination of the appropriate multiplier for computing dependency. (Para 28 , 29 , 30 , 31 , 32) |
| 6. final ruling and modification of compensation amount. (Para 45 , 46) |
JUDGMENT
1. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Appellant-Insurance Company challenging the Award dated 05.09.2022 granting a compensation in the sum of Rs. 9,79,760/- along with interest @ 7% per annum, on account of death of an 11 years old child, in a road accident on 01.10.2015.
2. Briefly stated, on 01.10.2015 at about 9:30 p.m., Komal, aged 11 years (hereinafter referred to as “deceased”) was walking alongside the Bypass Road, Santosh Nagar, Faridabad with her Aunt-Hasmukhi, when she and her Aunt were hit by a car bearing No. DL4CAL4907 (hereinafter referred to as “offending ve
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