Case Note & Summary
The case involves two appeals arising from a motor accident claim petition filed by the parents of a 9-year-old boy who died in a road accident. The accident occurred on 20.05.2018 when the deceased was hit by a car bearing registration No. KA-28/M-1234 driven by respondent No. 1. The claimants sought compensation of Rs. 10,00,000 under Section 166 of the Motor Vehicles Act, 1988. The Tribunal awarded Rs. 3,50,000 with interest at 6% per annum. The claimants appealed for enhancement, while the Insurance Company appealed against the award. The High Court, after considering the evidence and arguments, held that the notional income of the deceased should be taken as Rs. 15,000 per annum as per the Second Schedule, applied multiplier of 18, added 40% for future prospects, and awarded Rs. 4,50,000 as compensation. The court dismissed the Insurance Company's appeal and allowed the claimants' appeal in part, enhancing the compensation.
Headnote
A) Motor Accident Compensation - Death of Minor - Notional Income - Multiplier - Future Prospects - The court considered the death of a 9-year-old boy in a road accident and held that the notional income should be taken as Rs. 15,000 per annum as per the Second Schedule of the Motor Vehicles Act, 1988, and applied multiplier of 18 with 40% addition for future prospects, following the principles laid down in various Supreme Court judgments. (Paras 10-15) B) Motor Accident Compensation - Contributory Negligence - The court found that the accident occurred due to the rash and negligent driving of the offending vehicle by its driver, and there was no contributory negligence on the part of the deceased minor. (Paras 5-6) C) Motor Accident Compensation - Liability of Insurance Company - The Insurance Company was held liable to pay the compensation as the vehicle was insured and the driver had a valid driving license. (Paras 16-18)
Issue of Consideration
Whether the compensation awarded by the Tribunal for the death of a minor is just and proper, and whether the Insurance Company is liable to pay the enhanced compensation.
Final Decision
The High Court allowed the claimants' appeal in part, enhancing compensation from Rs. 3,50,000 to Rs. 4,50,000 with interest at 6% per annum from the date of petition till deposit. The Insurance Company's appeal was dismissed.
Law Points
- Compensation for death of minor
- notional income
- multiplier
- future prospects
- Motor Vehicles Act
- 1988
- Section 163A
- Section 166
