AMOUNT OF COMPENSATION
AWARDE BY COURTS IN CASE OF DEATH OF ENGINEERING COLLEGE STUDENT IN MOTOR
VEHICLE ACCIDENT.
There are various citations with
regard to payment of compensation amount to Engineering college student in a
motor vehicle accident.
In 2017(1)TNMAC 220 Rs.10,000/pm is
fixed as notional income for arriving compensation amount.
In 2017(1)TNMAC 272 and 2017(2)TNMAC
271 Rs.12,000/pm is fixed as notional
income for arriving compensation amount.
In 2018(2)TNMAC 407 and 2020(1)TNMAC
263 Rs.15,000/pm is fixed as notional
income for arriving compensation amount.
There are some citations which recommends
to take notional income as Rs.20,000/, Rs.22,000/ etc.
Suppose the deceased was aged 18 years at the
time of accident, 1st year Engineering student. His monthly income
was fixed as Rs.15,000/ and 40% has been added towards future prospects(Rs.15,000
+ 6000) = Rs.21,000/, 50% of the income has been deducted towards personal
expenses which comes to Rs.10,500/pm. Appropriate multiplier relevant to this
case is 18.
Loss of
income is 10,500 x 12 x 18 = Rs. 22,68,000/
Filial consortium = Rs.
40,000/
Loss of Estate = Rs.
15,000/
Funeral expenses = Rs.
15,000/
----------------------
Total
= Rs. 23,38,000/
----------------------
Normally courts award compensation in
this basis in death cases. They also order to pay the cost of the litigation
and interest for the award amount from the date of petition till deposit at the
rate of 7.5% pa. If the deceased was hospitalized before death and incurred
medical expenses, that also will be awarded. This is the way in which the
courts award compensation in death cases.
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