Compensation – Death of 10-year boy –Determination of income
The appellants are parents of 10-years old boy who died in a motor accident while cycling to the school.
The Tribunal had determined income of the boy at Rs.5,000/- for compensation.
However, the High Court reduced the income on the ground that Rs.30,000/- per year as per Schedule II of the Motor Vehicles Act, 1988, was to be adopted as the income and multiplier applicable is 15 considering the age of the mother.
HELD that there is no straight jacket formula to adopt income in case of children when they suffer injuries or death in accident. Schedule II is applied where the claim is made under Section 163A of the MV Act on no-fault liability. In the present case, the claim was under Section 166 and negligence of the driver was found.
Judgment dated 8.8.2025 of the Supreme Court of India in Civil Appeal No.3595 of 2024 of Thangavel and others Vs. The Managing Director, Tamil Nadu State Transport Corporation Limited
