SHIVAKUMAR M. Vs. RELIANCE GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal filed by the parents of a 5 year old who was killed in the accident which is not in dispute. The Tribunal, on assessment of the evidence, has awarded a sum of Rs.2,05,000.00.

(2.) In the light of the judgment rendered by the Apex Court in the case of KISHAN GOPAL & ANR. VS. LALA & ORS. - (2014) 1 SCC 244, in respect of a minor who is below 15 years, the notional income is to be taken as Rs.30,000.00 per annum and consequently, the claimants will be entitled to Rs.30,000.00 x 15 i.e., Rs.4,50,000.00. The claimants being the parents would also be entitled to a sum of Rs.44,000.00 each towards loss of consortium and a further sum of Rs.33,000.00 under conventional heads.

(3.) Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: