The Karnataka High Court highlighted the importance of age of the victim when deciding the compensation. The age of the victim has to be taken into consideration when calculating the compensation in motor accident cases.
The single bench of Justice H.T. Narendra Prasad observed that deceased having a permanent job and below the age of 40 years, the age of the deceased has to be considered when calculation “loss of dependency”. The Court further rejected the contention of defendant counsel observing that an addition of 50% of the established income should be made. The Court referred to the decision of apex court in National Insurance Company v. Pranay Sethi (2017).
The Court also stated that the claimants are further entitled to compensation under the head “loss of love and affection”. The Court referred to the law laid down by the Supreme Court in Magma General Insurance Co. Ltd. v. Nanu Ram (2018).
The Court, in The Oriental Insurance Company Limited v. Rathna, dismissed the appeal and held that the multiplier should be taken based on the age of the victim, not based on the age of the mother.
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
