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Under MACT Act

(Querist) 11 October 2008 This query is : Resolved 
Dear M'm/Sir,
V need authority in which following points are to be considered.
1. There is no proof of age of a minor
2. The deceased minor suddenly crossed the
road by running and met with the
accident.
3. The age of The deceased 7 years. so
income should not be calculated.
Applicant is the father of the deceased
V are appearing for the Insurance company.
Plz do needful
Thank u.
RHM,HDM,NJP,RMH
Tribhuwan Pandey (Expert) 14 October 2008
Take the reference of:
2008 TAC (4)Page 385 SC
Oriental Insurance Co. Ltd. Vs Syed Ibrahim

Age of deceased 7 years
Claimants - parents

"In case young children of tender age, in view on uncertainties, neither their income at the time of death nor the prospect of future increase in their income....."
(para-9 of judgment)


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