VINOD Vs. SURESH KUMAR

JUDGEMENT

(1.) The quantum and the manner of award of compensation in the unfortunate cases of death of children, consequent to accidents, has long gripped the attention of the Hon'ble Supreme Court and that of this Court.

(2.) In Puttamma and Ors. v. K.L.Narayana Reddy & another [(2013) 15 SCC 45], surveying the various precedents that held the field until then, as also to certain amendments to Schedule II of the Motor Vehicles Act, 1988 ('the Motor Vehicles Act' for short) - which were proposed at that time - the Hon'ble Supreme Court rued that the Central Government had failed in its imperative duty to amend the afore Schedule, adverting to Sec. 163A(3) of the MV Act; and thus issued directions to the said Government to cause appropriate amendments, keeping in mind the present cost of living. It then declared that, until such time as necessary amendments are made, the compensation in the case of death of a child below the age of five years be taken to be a consolidated sum of Rs.1,00,000.00; while in the case of a child of more than five years, as Rs.1,50,000.00.

(3.) Prior to the afore judgment, in R.K.Malik & another v. Kiran Pal & Ors [(2009) 14 SCC 1], the Hon'ble Supreme Court had recommended that the notional income fixed under Sec. 163A of the MV Act, which was Rs.15,000.00 per annum, be enhanced and increased, since it continued to exist without any amendments since 14/11/1994.