KARNATAKA HIGH COURT
C M JOSHI, J
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
SALMA – Respondent
| Table of Content |
|---|
| 1. determination of compensation for minor's wrongful death. (Para 2 , 3) |
| 2. arguments related to adequacy of awarded compensation. (Para 4) |
ORAL JUDGMENT
2. The short point that arises is whether the compensation of ₹8,91,000/- awarded by the Tribunal on account of death of a boy aged 8 years in the road traffic accident is adequate or not.
1. Loss of dependency - ₹8,10,000/- 2. Loss of love and affection - ₹ 25,000/- 3. Funeral expenses - ₹ 15,000/- 4. Transportation of dead body - ₹ 5,000/- 5. Medical expenses - ₹ 36,000/-
Total - ₹8,91,000/-
4. The respondent No.3 - Insurance Company is before this Court contending that the compensation awarded by the Tribunal is on the higher side.
Insurance Company submits that the Tribunal erred in assessing the compensation to the tune of ₹8,91,000/-, and it being on the higher side, there is a need for indulgence by this Court. He contends that the loss of dependency does not stand for any reason, since the deceased was not an earning member, and even he was below the age of 15 years. He also contends that the rate of interest awarded by the Tribunal at
6. The learned counsel appearing for the respondents/
7. A careful perusal of th
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