Corporation (2009): In this case, the Supreme Court of India held that the compensation payable to the victim of a motor vehicle accident should be based on a "just and reasonable" principle. The court awarded compensation of Rs. 50 lakhs to the family of the deceased victim, who was a 35-year-old earning member of the family.
2. National Insurance Company Limited
vs. Pranay Sethi (2017): In this case, the Supreme Court of India held that the compensation payable in case of a motor vehicle accident resulting in the death of the victim should be computed based on the following formula: (i) 50% of the victim's net income for the period from the date of the accident to the date of the victim's retirement; (ii) loss of future prospects of the victim; and (iii) an amount for pain and suffering. The court also held that the total compensation payable should not be less than Rs. 15 lakhs.
3. Oriental Insurance Company Limited
vs. Meena Variyal (2007): In this case, the Supreme Court of India held that the compensation payable in case of a motor vehicle accident resulting in permanent disability should be based on the percentage of disability suffered by the victim. The court awarded compensation of Rs. 10 lakhs to the victim who had suffered 90% permanent disability. These are just a few examples of the many cases where courts have awarded compensation under the Motor Vehicles Act. The quantum of compensation awarded in each case depends on various factors and the specific facts and circumstances of the case How to assess quantum of compensation in motor accident case of child death?
In the judgment in the case of Puttamma
and Ors. Vs K.L. Narayana Reddy and Anr.. (2013) the Court has observed that the Central Government was bestowed with the duties to amend Schedule-II in view of Section 163-A(3) of the Motor Vehicles Act 1988, but it failed to do so. In view of the same, specific directions were issued to the Central Government to make appropriate amendments to Schedule-II keeping in mind the present cost of living. In the said judgment, till such amendments are made, directions were issued for award of compensation by fixing a sum of Rs. 1,00,000/- (Rupees one lakh only) towards compensation for the non-earning children up to the age of 5 (five) years old and a sum of Rs. 1,50,000/- (Rupees one lakh fifty thousand only) for the non-earning persons of more than 5 (five) years old. Conclusion The quantum of compensation under the Motor Vehicles Act is an important provision that provides relief to victims of road accidents. The Act provides for compensation in case of death, permanent disablement, temporary disablement, and minor injuries. The compensation is determined based on various factors such as the nature of the injury, extent of disability, loss of income, and the cost of medical treatment. The Act aims to ensure that victims of road accidents are adequately compensated and their rights are protected.