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Wednesday, October 25, 2017

Calculation & LR’s in Minor Death:

Calculation & LR’s in Minor Death:

Motor Vehicles Act (59 of 1988) S.166, 168, 140 — Accident claim — Entitlement to compensation — Deceased minor aged 16 years — Claimants, father, brother and sister of deceased — Though there was no loss of dependency claimants being legal representative under S. 166 of Act — Would be entitled to compensation. AIR 2007 SC 1474, Foll. (Paras 15, 18)

Motor Vehicles Act (59 of 1988) S.163-A, Sch. 2, 168 — Compensation — Applicability of multiplier — As per Sch. age of victim is one of factors to determine amount of compensation — For age upto 15 years, multiplier of 15 is to be applied — As such even in case of death of minor, multiplier system can be applied to calculate amount of compensation. (Paras 22)

ICICI Lombard
Vs Ameer Akhtar Khan and others.
Allahabad High Court [ SJ ]
FAO 2270 / 2014
2015 AAC 938 (ALL)

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