Case Note & Summary
The case involves a first appeal by Bajaj Alliance General Insurance Company Limited against the judgment and award dated 05.04.2019 passed by the Motor Accident Claims Tribunal (Aux.), Bhavnagar at Mahuva, in M.A.C.P. No. 56 of 2016. The Tribunal had partly allowed the claim petition and awarded Rs.5,38,500/- with 9% interest per annum from the date of filing till realization. The accident occurred on 10.07.2016 when minor Arshadbhai was playing near his home at Amanapark, Vadi of Mali, Bhadrod Gate at Mahuva. The original opponent No.1 drove a jeep bearing registration No.GJ-4-W-2874 at excessive speed, rashly and negligently, and dashed with the minor, causing fatal injuries. A complaint was lodged at Mahuva Police Station vide I.Cr. No. 104 of 2016. The jeep was owned by original opponent No.2. The claimants, parents of the deceased, sought compensation. The Tribunal awarded compensation. The Insurance Company appealed, arguing that the compensation was excessive. The High Court considered the principles for compensation in case of death of a minor, noting that no deduction for personal expenses is applicable. The Court found the award just and proper, and dismissed the appeal.
Headnote
A) Motor Accident Claims - Compensation for Minor - No Deduction for Personal Expenses - Motor Vehicles Act, 1988, Sections 163A, 166 - The appeal challenged the Tribunal's award of Rs.5,38,500/- with 9% interest for the death of a minor child. The High Court held that no deduction for personal expenses is applicable to minors, and the multiplier method is appropriate. The award was upheld as just and reasonable. (Paras 1-9)
Issue of Consideration
Whether the compensation awarded by the Tribunal for the death of a minor child is just and proper, and whether the Insurance Company is liable to pay the same.
Final Decision
Appeal dismissed. The judgment and award of the Tribunal dated 05.04.2019 in M.A.C.P. No. 56 of 2016 is upheld. No order as to costs.
Law Points
- Motor Accident Claims
- Compensation for Minor
- No Deduction for Personal Expenses
- Section 163A Motor Vehicles Act
- 1988
- Section 166 Motor Vehicles Act
