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State Express Transport Corporation, ... vs Ponnusamy, Minor Ananthy, Minor ... on 19 December, 2002

18. In the claim petition, the age of the minor deceased is mentioned as 2 1/2 years. As per Ex.P16, legal heirship certificate, the petitioner is the legal representative of the deceased. As per Ex.P4-postmortem certificate, the age of the deceased is 2 1/2 years. The petitioner has claimed a total compensation of Rs.2,00,000/-. He has claimed Rs.1,50,000/- for loss of pecuniary benefits. Considering the age of the deceased, it is not possible to asses the future prospects of the deceased and also loss of pecuniary benefits to the claimant. The Division Bench of Honourable High Court of Madras have held in the case reported in 2000 ACJ 1279 (State Express Transport Corporation vs. Ponnusamy) that for a deceased girl aged about 3 years, it will be reasonable to award Rs.1,00,000/- as compensation, including conventional damages. The facts of the above case are similar to the present case. Hence a total award of Rs.1,00,000/- is awarded including conventional damages.
Madras High Court Cites 1 - Cited by 7 - P Sathasivam - Full Document
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