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1 - 10 of 12 (0.54 seconds)Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
Section 158 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 170 in The Motor Vehicles Act, 1988 [Entire Act]
Section 187 in The Motor Vehicles Act, 1988 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Jitender Kumar & Anr. vs The Oriental Insurance Co. Ltd. & Anr. on 31 July, 2009
In the said decision, Hon'ble Supreme Court
relied upon decision reported in Lata Wadhwa and others
V/s State of Bihar and others. In the said decision, Hon'ble
Supreme Court has held that, the compensation determined
for the children of all age groups could be double as in its view
the determination made was grossly inadequate and the
observation was further made that loss of children it
recoupable and no amount of money compensate to the
parents and the contribution of children will be taken at
Rs.24,000/- per month and contribution of child taken at
Rs.12,000/- per annum appears on the lower side. It is also
observed in page No.30 of the judgment that, prior to the
accident, it was fixed at Rs.50,000/- and it will be just to take
notional income at Rs.30,000/- for taking the age of parents. In
this case, the age of the petitioner No.2 who is mother is shown
as 31 years. By following the principles laid down in the said
decision, the notional income of deceased is taken at Rs.30,000/-
SCCH-11 22 MVC 3237/2014
and by applying the multiplier of Rs.15,000/-, the compensation
is Rs.4,50,000/- is awarded under the head of loss of dependency.
The compensation of Rs.2000/- is awarded under the head of
funeral expenses as per second schedule of Motor Vehicles Act
and Rs.2,500/- is awarded under the head of loss of estate.