PRIYA VASANT KALGUTKAR versus MURAD SHAIKH & ORS.

PRIYA VASANT KALGUTKAR versus MURAD SHAIKH & ORS.

Where a child had no income and no evidence on actual damages was provided, compensation determined by applying notional income and structured formula is appropriate; the amount awarded by the High Court is adequate.

Parties
Appellant: Priya Vasant Kalgutkar; Respondent: Murad Shaikh & Ors.
Jurisdiction
India
Judgment Date
29 July 2009
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Permanent Disability Compensation, Notional Income, Structured Formula, Compensation for Minors
Motor Vehicle Accident Compensation Permanent Disability Compensation Notional Income Structured Formula Compensation for Minors

Case Brief

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Parties

Priya Vasant Kalgutkar

Appellant

Murad Shaikh & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether compensation of Rs.1,12,000/- awarded by the High Court to a 9-year-old girl with 10% permanent disability is justified

Ratio Decidendi

Where a child had no income and no evidence on actual damages was provided, compensation determined by applying notional income and structured formula is appropriate; the amount awarded by the High Court is adequate.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs