AIROnline 2025 SC 717

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): K. Vinod Chandran, N. V. Anjaria , JJ

(A) Motor Vehicles Act (59 of 1988) , S.168, S.166, S.163, Sch.II— Motor accident - Compensation - Income of deceased child - Determination - Tribunal awarded amount of compensation reckoning income of 10 years' old child at Rs.5,000/- p.m. relying on judgment of Division Bench of High Court - There is no straight jacket formula as to the income to be adopted in the case of children when they suffer injuries or succumb to death, in a motor vehicle accident - Without giving any reason, High Court deviated from said monthly income and merely adopted income as per Schedule II - Schedule II is applied in cases where claim is made under Section 163A of the Act, which proceeds on 'no fault liability' - Present claim had been preferred u/s 166 of the Act and negligence was found on the part of driver of offending vehicle - Monthly income of Rs.5,000/- as adopted by Tribunal was proper. Judgment of Madurai Bench of Madras High Court-Reversed (Para 3 4 5 6) (B) Motor Vehicles Act (59 of 1988) , S.168— Motor accident - Reduction in compensation - Challenge against - Monthly income of deceased child as assessed by Tribunal was proper - There was no question of any deduction for pers....