KAUSHALYA DEVI versus SHRI KARAN ARORA AND ORS.

KAUSHALYA DEVI versus SHRI KARAN ARORA AND ORS.

Since the deceased was a minor aged 14 and the driver was also a minor with no driving license, neither the income of the deceased nor the loss suffered by the parents is capable of mathematical computation. Applying the principles indicated in Satender's case and considering the husband's death, no interference with the quantum awarded by the Tribunal is warranted.

Parties
Appellant: Kaushalya Devi; Respondent: Shri Karan Arora; Respondent: United India Insurance Company Ltd.; Respondent: Owner of vehicle
Jurisdiction
India
Judgment Date
14 May 2007
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Liability of Owner and Insurer, Assessment of Compensation for Death of Minor, Interest on Compensation
Motor Vehicle Accident Compensation Liability of Owner and Insurer Assessment of Compensation for Death of Minor Interest on Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kaushalya Devi

Appellant

Shri Karan Arora

Respondent

United India Insurance Company Ltd.

Respondent

Owner of vehicle

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the compensation awarded for the death of a minor child in a motor vehicle accident is adequate and liable to be enhanced
  2. 2 Liability of insurer in case driver is a minor without license

Ratio Decidendi

Since the deceased was a minor aged 14 and the driver was also a minor with no driving license, neither the income of the deceased nor the loss suffered by the parents is capable of mathematical computation. Applying the principles indicated in Satender's case and considering the husband's death, no interference with the quantum awarded by the Tribunal is warranted.

Court Disposition

appeal dismissed

Orders

  • Appeal deserves dismissal.
  • No interference with quantum awarded by Tribunal.