Notional income of a five year old minor
The High Court of Kerala, in Jyothis Raj Krishna v Sunny George & Ors [2024/KER/81459] addressed the issue of determining the notional income for a 5-year-old minor, Jyothis Raj Krishna, who suffered severe injuries in a motor accident, resulting in a vegetative state.
The court considered the appeal by the child’s father for enhanced compensation and the insurance company’s contention that the awarded compensation was excessive in a counter case.
Fixed Rs 17,325 as monthly income
The court applied the principles from Supreme Court precedents, including Ayush vs. The Branch Manager, Reliance General Insurance Co. Ltd. and Ors and Kajal vs. Jagdish Chand and Ors, to reassess the notional income and attendant charges, ultimately fixing the notional income at Rs 17,325/- per month and granting additional compensation of Rs 84,87,100/- with 9% interest.
Allowed the appeal for enhancement
The insurance company’s appeal was dismissed, and the court directed the deposit of the enhanced compensation within 30 days.
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