Notional annual income of deceased minor fixed at Rs.30,000 for accidents occurring in 1992.

The appellants challenged the judgment and award dated 31.01.2013 passed by the Motor Accident Claims Tribunal, Palanpur

On 30.08.1992, a luxury bus (GRW-9403) carrying pilgrims plunged into a gorge near Trishuliya Ghat after the driver lost control, resulting in the death of 7 passengers, including a 10-year-old girl

The Tribunal initially awarded ₹96,060/- with 7.5% interest

The appellants sought enhancement of compensation on the grounds that the notional income was assessed too low and future prospects and consortium were ignored

1. Whether the learned Tribunal erred in assessing the notional income and future prospects of the 10-year-old deceased minor

2. Whether the appellants are entitled to enhanced compensation under the heads of loss of estate, funeral expenses, and loss of consortium based on prevailing legal precedents

The Court applied the precedent of Kishan Gopal v. Lala (2013), which established that for accidents involving minor children, a notional income of ₹30,000/- per annum is just and reasonable

It further applied the principles for calculating future prospects (40%) and multiplier (15) from Sarla Verma v. Delhi Transport Corp. (2009) and National Insurance Company Ltd. v. Pranay Sethi (2017)

Additionally, the court followed Magma General Insurance Co. Ltd. v. Nanu Ram (2018) regarding the grant of compensation for loss of consortium to legal representatives

The Court found the Tribunal’s assessment of the minor’s income at ₹700/- per month (₹8,400/- per annum) insufficient given the drastic devaluation of the rupee and the potential future contribution of the deceased

Following Kishan Gopal, the Court determined the notional income at ₹30,000/- per annum

Applying Sarla Verma, the Court added 40% for future prospects (₹42,000/-) and deducted 1/2 for personal expenses as the deceased was a bachelor, resulting in an annual dependency of ₹21,000/-

Using a multiplier of 15, the loss of dependency was calculated at ₹3,15,000/-

The Court also found the initial awards for funeral expenses and loss of estate to be "meagre" and adjusted them upward to ₹18,150/- each, while adding ₹48,400/- for loss of consortium as per the Pranay Sethi and Magma General Insurance standards

Consequently, the respondent Insurance Company was directed to deposit an additional amount of ₹3,03,640/- with 7.5% interest per annum from the date of the claim petition until realization

The Court ordered the disbursement of the amount to the claimants after verifying court fees