“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act
10 hours, 18 minutes ago

“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act

Live Law  

Recognising the impact of inflation and the devaluation of currency over the years the Jammu and Kashmir and Ladakh High Court has emphasised the need to revise the notional income of non-earning persons as stipulated in the Second Schedule of the Motor Vehicles Act, 1988. The court reasoned, “The income of a non-earning person, as specified in the Second Schedule, was taken by the Legislature keeping in mind the factors that were prevailing at the relevant time. With the passage of time, there has been increase in inflation and devaluation of the rupee with the increase in cost of living… as such, while considering the notional income of a non-earning person after 20 years of incorporation of Second Schedule, upward revision of the same is required to be considered for arriving at the figure of just compensation” The appeal arose from a road accident that occurred in 2014 when an Alto car driven negligently, fatally struck an 18-year-old student, Mst. It further argued that the deceased's notional income, being a non-earning individual, should be fixed at ₹15,000 per annum, as per the Second Schedule of the Motor Vehicles Act.

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History of this topic

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court
1 month, 1 week ago

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court

Live Law  

The Kerala High Court has observed that the notional income of an ordinary worker has to be fixed after considering the fair wages applicable at the time of calculating the compensation and not based on his earning capacity at the time of the accident. Justice Johnson John stated that earning less than fair wages at the time of the accident …

Bombay High Court Weekly Round-Up: April 1 To April 7, 2024
8 months, 1 week ago

Bombay High Court Weekly Round-Up: April 1 To April 7, 2024

Live Law  

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Delhi high court revises income threshold for EWS admissions to ₹2.5 lakh
9 months, 2 weeks ago

Delhi high court revises income threshold for EWS admissions to ₹2.5 lakh

Hindustan Times  

The Delhi high court on Tuesday modified an order passed by its single judge bench increasing the income threshold of ₹1 lakh per annum to ₹5 lakh for claiming Economically Weaker Section reservation for admission to schools in the city. A division bench led by acting chief justice Manmohan instead increased the existing threshold from ₹1 lakh to ₹2.5 lakh …

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court
2 years, 4 months ago

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court

Live Law  

The Gujarat High Court recently enhanced the compensation granted by the Motor Accident Claims Tribunal to the kin of a deceased victim, who was earning in foreign currency prior to his death.The Bench comprising Justices AJ Desai and Mauna Bhatt relied on Supreme Court's decision in United India Insurance Co. Ltd. & ors. The Gujarat High Court recently enhanced the …

Courts and tribunals have to be alive to changing situations in awarding compensation in road accident cases: HC
2 years, 4 months ago

Courts and tribunals have to be alive to changing situations in awarding compensation in road accident cases: HC

The Hindu  

Observing that the courts and the tribunals will have to be alive to changing situations in awarding compensation in road accident cases, the High Court of Karnataka has said that it would result in grave injustice if notional income is calculated based on the parameters existed in 1992 to award compensation for the death occurred in 2013. Cost of living, …

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court
3 years ago

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court

Live Law  

The Supreme Court has held that even if there is no evidence on record of actual income, deceased person's potential to earn can be considered while considering insurance claims in motor accidents matter. The Motor Accidents Claims Tribunal, Ranchi in its judgement assessed the "future loss of income" of the deceased at Rs.20,000/month and on that basis arrived at a …

Sec 163A MV Act -Fixing Rs 15,000 Per Annum As Notional Income For Non-Earning Members Not Reasonable As Schedule II Not Yet Amended : Supreme Court
3 years, 1 month ago

Sec 163A MV Act -Fixing Rs 15,000 Per Annum As Notional Income For Non-Earning Members Not Reasonable As Schedule II Not Yet Amended : Supreme Court

Live Law  

While dealing with a civil appeal preferred by appellant claimants aggrieved by the High Court of Jharkhand, Ranchi's judgement the Supreme Court observed that despite repeated directions, Schedule-II of the Motor Vehicles Act, 1988 has not been amended yet.The bench of Justices R Subhash Reddy and Hrishikesh Roy in Kurvan Ansari alias Kurvan Ali & Anr. While dealing with a …

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