CLX-RAJ-HC-2016-000042
Mohan Lal & another - Appellants Versus Arvind Kumar & others – Respondents
Rajasthan High Court · Rajasthan · 3 June 2016
AllowedCore ratio / Key holding
For a deceased child aged 13 years, notional income for compensation under the Motor Vehicles Act ought to be computed at Rs. 30,000/- per annum, and a multiplier of 15 is to be applied.
When computing compensation for a deceased child based on notional income, a 50% deduction for personal expenses is applicable.
Headnote
Motor Vehicles Act, 1988 – Compensation – Child Death – Notional Income – Multiplier
Motor Vehicles Act, 1988 – Compensation – Child Death – Personal Expenses Deduction
Ratio decidendi
- For a deceased child aged 13 years, notional income for compensation under the Motor Vehicles Act ought to be computed at Rs. 30,000/- per annum, and a multiplier of 15 is to be applied.
- When computing compensation for a deceased child based on notional income, a 50% deduction for personal expenses is applicable.
Important points
- Appeal allowed, enhancing compensation from Rs. 77,000/- to Rs. 3,25,000/- with 9% interest from petition date.
Keywords
Motor Vehicles ActCompensationNotional IncomeChild DeathMultiplier
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