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Documents citing Pappu Deo Yadav vs Naresh Kumar on 17 September, 2020

Sri.Dharanendrakumar vs Sri.Thangavelu on 11 October, 2023

Claimants notional income has to be assessed. Claimant is an abled-bodied person, aged about 40 years at the time of accident. Normally, while settlement of the Motor Vehicle Claim petitions before the Lokadalat, for accident of the year 2016, income of the victim of an accident is considered as Rs.9,500 per month. Same could be applied to the present case and notional income of claimant is taken as Rs. 9,500/- per month. As assessed in the case of Pappu Deo Yadav vs Naresh Kumar (referred supra), future prospects of claimant has to be added to his income. As held in the case of National Insurance Company Limited vs
Karnataka High Court Cites 2 - Cited by 0 - K Somashekar - Full Document

C. Devaraj vs Hanumanthaiah on 16 December, 2020

11. The claimant has not produced any evidence with regard to his income. The Tribunal taking into consideration the evidence of the parties, age and avocation of the claimant has rightly assessed the income as Rs.6,000/- per month, but it has erred in deducting 50% of the income towards his personal expenses. Accordingly, the notional income has to be taken at Rs.6,000/- p.m. The Tribunal considering the evidence of the doctor and the claimant and also taking into consideration the documents produced has rightly assessed the functional disability at 100%. Therefore, the claimant is entitled for future prospects in view of the law laid down by the Hon'ble Apex Court in the cases of 'PAPPU DEO YADAV vs. NARESH KUMAR AND OTHERS' 2020 SCC Online SC 752 18 and 'ERUDHAYA PRIYA vs. STATE EXPRESS TRANSPORT CORPORATION LTD. 2020' SCC Online SC 601. In view of the law laid down by the Hon'ble Apex Court in the case of 'NATIONAL INSURANCE CO. LTD. -v- PRANAY SETHI AND OTHERS' AIR 2017 SC 5157, since the claimant is aged about 26 years, the addition of future prospects has to be considered at 40%. Hence, the monthly income of the claimant comes to Rs.8,400/- (Rs.6,000 + 40%). Thus, the claimant is entitled to Rs.17,13,600/- (Rs.8,400*12*17) on account of 'loss of future income'.
Karnataka High Court Cites 15 - Cited by 0 - Full Document
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