The High Court enhanced the compensatory award in a motor accident claim from Rs. 2,50,000 to Rs. 5,00,000, applying the multiplier and notional income principles from Kishan Gopal for the death of a 15-year-old child.
Impugned award enhanced to Rs. 5,00,000; Insurance Company directed to deposit amount; 8% interest awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1114/2015
----Appellants
Versus
----Respondents
For Appellant(s) : Mr. Vinay Mathur For Respondent(s) : Ms. Archana Mantri
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
24/08/2023
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vehicle of LMV and the offending vehicle was categorised under ‘passenger carrying’ which is totally different so also the offending vehicle was overloaded and thus, the judgment and award dated 03.02.2015 does not call for any interference by this Court. 9. I have considered the submissions made by the learned counsel for the parties and gone through the judgment and award dated 03.02.2015 as well as the material available on the record. 10. The Hon'ble Apex Court in the case of Kishan Gopal (supra) has held that in the case of minor, while applying the multiplier of 15, the notional income could be taken as Rs.30,000/- instead of Rs.15,000/- for non- earning member as specified in the Schedule to the aforesaid Act. Relevant para of the aforesaid judgment reads thus :
“In our considered view, the aforesaid legal principle laid down in Lata Wadhwa's case with all fours is applicable to the facts and circumstances of the case in hand having regard to the fact that the deceased was 10 years' old, who was assisting the appellants in their agricultural occupation which is an undisputed fact. We have also considered the fact that the rupee value has come down drastically from the year 1994, when the notional income of the nonearning member prior to the date of accident was fixed at Rs.15,000/-. Further, the deceased boy, had he been alive would have certainly contributed substantially to the family of the appellants by working hard. In view of the aforesaid reasons, it would be just and reasonable for us to take his notional income at Rs.30,000/- and further taking the young age of the parents, namely the mother who was about 36 years old, at the time of accident,
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by applying the legal principles laid down in the case of Sarla Verma v. Delhi Transport Corporation[3], the multiplier of 15 can be applied to the multiplicand. Thus, 30,000 x 15 = 4,50,000 and 50,000/- under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susamma Thomas[4], which is referred to in Lata Wadhwa's case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs.50,000/- under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants.”
On Pecuniary Head : Rs.4,50,000/Conventional Heads : Rs. 50,000/Total : Rs.5,00,000/-
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a sum of Rs.5,00,000/- as compensation. Insurance Company is directed to deposit enhanced amount of compensation with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the same may be disbursed to the appellant. The enhanced amount shall carry 8% interest from the date of filing of claim petition till the actual payment is made.
(ASHUTOSH KUMAR),J
A. ARORA /-20.
2 issues framed by the court
Whether the compensation awarded by the Tribunal for the death of a 15-year-old minor should be computed using a notional income of Rs.30,000/- and a multiplier of 15.
Whether the impugned judgment and award in a Motor Accident Claims case should be modified to align with the principles in Kishan Gopal.
Colour shows how this judgement treated each authority
Kishan Gopal & Anr. Vs. Lala & OrsFollowed¶10
2013 ACJ 2594
Sarla Verma v. Delhi Transport CorporationFollowed¶10
Sarla Verma v. Delhi Transport Corporation
Kerala SRTC v. Susamma ThomasReferred¶10
Kerala SRTC v. Susamma Thomas
Lata Wadhwa's caseFollowed¶10
Lata Wadhwa's case
2 provisions across 2 enactments
Rampal S/o Sua Lal
Kamla W/o Rampal
United India Insurance Company Limited
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
