Supreme Court · 2013 INSC 564 · Decided 26 August 2013
Master Mallikarjun v. Divisional Manager, the National Insurance Company Limited & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 564 · [2013] 8 S.C.R. 268
- Case number
- CIVIL APPEAL No. 7139/2013
- Decided
- 26 August 2013
- Bench
- GYAN SUDHA MISRA, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 166
Headnote
Motor Vehicles Act, 1988 - s.166 - Compensation claim c - By child victim who suffered disability in a motor accident - Held: While considering the claim by a victim child, it would be unfair and improper to follow the structured formula as per the Second Schedule to the main stress in the formula is on pecuniary damages - For children D there is no income - Only indication in the Second Schedule for non-earning persons is to take the notional income as Rs. 15, 0001- per year - A child cannot be equated to such a non-earning person - Therefore, compensation is
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