Smt. Nirmal Kanta V. Union of India and Others

FAO/4566/2006

AI Insights

The case involves an appeal for enhancement of compensation following a fatal road accident involving a car and a military truck. The original compensation awarded by the Motor Accident Claims Tribunal was deemed insufficient by the appellants, who argued that the deceased had a higher income than what was considered by the Tribunal. The High Court of Punjab and Haryana, after reviewing the evidence and applying the principles laid down by the Supreme Court in similar cases, recalculated the compensation to reflect a more accurate assessment of the deceased's income and the loss suffered by the family. The court also addressed the lack of compensation for loss of estate and consortium in the original award.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 801690 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 05-11-2024
• Assessment Year: misc
• Other Referred Cases: Transport Corporation and Another vs. Pranay Sethi & Ors., Sarla Verma Vs. Delhi, National Insurance Company vs. Pranay Sethi & Ors., Magma General Limited vs. Nanu Ram alias Chuhru Ram & Others
• Laws Referred To: Motor Vehicles Act, 1988
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: VAIBHAV GUPTA
• Assessee Lawyers: SAHEJ MAHAJAN
• Keywords: Enhancement of compensation; Motor Accident Claims Tribunal; Rash and negligent driving; Compensation for death and injuries
• Section: 166

Judgement Text

"FAO-4566-2006 (O&M) XOBJC-26-CII 201 IN THE HIGH COURT OF PUNJAB AND HARYANA Smt. Nirmal Kanta Union of India and Others CORAM : HON’BLE Present: Mr. Sahej Mahajan Mr. Vaibhav Gupta, Advocate for Mr. Pankaj Gupta, Advocate for the respondents. SUDEEPTI SHARMA 1. The present appeal has enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Panchkula Section 166 of the Motor Vehicles Act, 1988, whereby, the claimant were awarded a compensation of Rs. annum. FACTS NOT IN DISPUTE 2. Brief facts of the case are that alongwith Ashok Kumar Suri, Rajpal Mahajan a Amritsar to Chandigarh by means of Maruti Zen Car bearing Registration No. PB-02H-5171 (hereinafter referred to a Singh. He was driving on his left hand side of the road at a moderate speed. At 2006 (O&M) and CII-2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- FAO XOBJC Date of Decision : Smt. Nirmal Kanta and Others VERSUS and Others CORAM : HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Mr. Sahej Mahajan, Advocate for the appellant Mr. Vaibhav Gupta, Advocate for Mr. Pankaj Gupta, Advocate for the respondents. -.- SUDEEPTI SHARMA, J. (Oral) The present appeal has been preferred by the enhancement of compensation awarded by the learned Motor Accident Claims Panchkula (for short, ‘the Tribunal’) vide award dated Section 166 of the Motor Vehicles Act, 1988, whereby, the claimant awarded a compensation of Rs.4,23,340 FACTS NOT IN DISPUTE Brief facts of the case are that on 19.1 with Ashok Kumar Suri, Rajpal Mahajan a Amritsar to Chandigarh by means of Maruti Zen Car bearing Registration No. 5171 (hereinafter referred to as the car in question) being driven by Raj Singh. He was driving on his left hand side of the road at a moderate speed. At -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4566-2006 (O&M) and XOBJC-26-CII-2008 Date of Decision : 05.11.2024 ....Appellants ....Respondents SUDEEPTI SHARMA , Advocate for the appellant. Mr. Pankaj Gupta, Advocate for the respondents. been preferred by the claimants/appellants enhancement of compensation awarded by the learned Motor Accident Claims ) vide award dated 11.05.2005 under Section 166 of the Motor Vehicles Act, 1988, whereby, the claimants/appellant 4,23,340/- along with interest @ 6% per on 19.12.2001 Pawan Kumar Nayyar with Ashok Kumar Suri, Rajpal Mahajan and Chuni Lal was going from Amritsar to Chandigarh by means of Maruti Zen Car bearing Registration No. s the car in question) being driven by Raj Singh. He was driving on his left hand side of the road at a moderate speed. At for enhancement of compensation awarded by the learned Motor Accident Claims under /appellants along with interest @ 6% per 2.2001 Pawan Kumar Nayyar d Chuni Lal was going from Amritsar to Chandigarh by means of Maruti Zen Car bearing Registration No. s the car in question) being driven by Raj Singh. He was driving on his left hand side of the road at a moderate speed. At TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII about 10:00 AM, when they reached near village of Sahora, Tehsil Kharar, District Ropar, on Amirtsar (hereinafter referred to as the bus in question) being driven by Satnam Singh on his left hand side of the road at a moderate speed came from opposite side. In the meantime, a Military truck, blue coloured, bearing registrati (hereinafter referred to as the offending truck) being drive by respondent No.4 Naresh Kumar also came from opposite side i.e. from the side of Chandigarh. Ignoring all traffic rules, the offending truck tried to o bus in rash and negligent manner despite seeing that the car in question was coming from the opposite space/distance to overtake the bus. In the process of overtaking, the offending truck came on the extreme wrong side of the road i.e. almost on the Kachcha berm and hit into the car of the in the pits by the side of the road. The driver of the offending truck tried to divert the truck again on its left side but due to the impact of the accident, the speed of the truck had reduced. The driver of the bus in question tried its best to avoid the accident, yet, the rear side of the offending truck struck against the right side of the bus. It was further alleged that the offending truck, after hitting the car in question had hit the bus in question as well. All the occupants of the car suffered multiple, simple and grievous injuries and the car was also badly damaged. The driver of the car nam to the injuries suffered by them. The bus was also damaged and some passengers 2006 (O&M) and CII-2008 00 AM, when they reached near village of Sahora, Tehsil Kharar, District Ropar, on Amirtsar-Chandigarh Road, a bus bearing (hereinafter referred to as the bus in question) being driven by Satnam Singh on his left hand side of the road at a moderate speed came from opposite side. In the meantime, a Military truck, blue coloured, bearing registrati (hereinafter referred to as the offending truck) being drive by respondent No.4 Naresh Kumar also came from opposite side i.e. from the side of Chandigarh. Ignoring all traffic rules, the offending truck tried to o bus in rash and negligent manner despite seeing that the car in question was coming from the opposite direction and there was no proper and sufficient space/distance to overtake the bus. In the process of overtaking, the offending n the extreme wrong side of the road i.e. almost on the Kachcha berm and hit into the car of the appellants. As a result of conclusion the car was pushed in the pits by the side of the road. The driver of the offending truck tried to divert in on its left side but due to the impact of the accident, the speed of the truck had reduced. The driver of the bus in question tried its best to avoid the accident, yet, the rear side of the offending truck struck against the right side of the was further alleged that the offending truck, after hitting the car in question had hit the bus in question as well. All the occupants of the car suffered multiple, simple and grievous injuries and the car was also badly damaged. The driver of the car namely Shri Raj Singh @ Raju and Ashok Kumar Suri to the injuries suffered by them. The bus was also damaged and some passengers -2- 00 AM, when they reached near village of Sahora, Tehsil Kharar, District bearing registration No.PB-12-C-1798 (hereinafter referred to as the bus in question) being driven by Satnam Singh on his left hand side of the road at a moderate speed came from opposite side. In the meantime, a Military truck, blue coloured, bearing registration No.90-E-63505 (hereinafter referred to as the offending truck) being driven rashly and negligently by respondent No.4 Naresh Kumar also came from opposite side i.e. from the side of Chandigarh. Ignoring all traffic rules, the offending truck tried to overtake the bus in rash and negligent manner despite seeing that the car in question was direction and there was no proper and sufficient space/distance to overtake the bus. In the process of overtaking, the offending n the extreme wrong side of the road i.e. almost on the Kachcha berm . As a result of conclusion the car was pushed in the pits by the side of the road. The driver of the offending truck tried to divert in on its left side but due to the impact of the accident, the speed of the truck had reduced. The driver of the bus in question tried its best to avoid the accident, yet, the rear side of the offending truck struck against the right side of the was further alleged that the offending truck, after hitting the car in question had hit the bus in question as well. All the occupants of the car suffered multiple, simple and grievous injuries and the car was also badly damaged. The ely Shri Raj Singh @ Raju and Ashok Kumar Suri succumbed to the injuries suffered by them. The bus was also damaged and some passengers 00 AM, when they reached near village of Sahora, Tehsil Kharar, District 1798 (hereinafter referred to as the bus in question) being driven by Satnam Singh on his left hand side of the road at a moderate speed came from opposite side. In the 63505 rashly and negligently by respondent No.4 Naresh Kumar also came from opposite side i.e. from the side vertake the bus in rash and negligent manner despite seeing that the car in question was direction and there was no proper and sufficient space/distance to overtake the bus. In the process of overtaking, the offending n the extreme wrong side of the road i.e. almost on the Kachcha berm . As a result of conclusion the car was pushed in the pits by the side of the road. The driver of the offending truck tried to divert in on its left side but due to the impact of the accident, the speed of the truck had reduced. The driver of the bus in question tried its best to avoid the accident, yet, the rear side of the offending truck struck against the right side of the was further alleged that the offending truck, after hitting the car in question had hit the bus in question as well. All the occupants of the car suffered multiple, simple and grievous injuries and the car was also badly damaged. The succumbed to the injuries suffered by them. The bus was also damaged and some passengers TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII suffered injuries. Hence it was submitted that the accident took place solely on account of rash and negligent driving It was further alleged that travelling in the care in question and had succumbed to the injuries sustained by him during the accident. The appellants Smt. Nirmal Kanta Suri w son, two daughters and father submitted that he used to perform religious functions and was earning around Rs.25,000/ income. Hence they filed the claim petition. 3. Upon the factum of accident 4. From the pleading issues:- 2006 (O&M) and CII-2008 suffered injuries. Hence it was submitted that the accident took place solely on account of rash and negligent driving of the offending truck by its driver. It was further alleged that legal heirs of Ashok Kumar Suri, who was travelling in the care in question and had succumbed to the injuries sustained by him during the accident. The appellants Smt. Nirmal Kanta Suri w son, two daughters and father submitted that he used to perform religious functions and was earning around Rs.25,000/- per month and they all were dependent on his income. Hence they filed the claim petition. Upon notice of the claim petition, accident/compensation. From the pleadings of the parties, the Tribunal framed the following 1. Whether the accident in question had taken place on account of rash and negligent driving of Truck No.90 by respondent No.4 ? OPP 2. To what amount of compensation claimant Pawan Kumar Nayyar is entitled to on account of the injuries suffered by him in this accident and from whom? OPP 3. To what amount of compensation claimants Rajni Bala etc are entitled to on account of death of Raj Singh @ Raju in the present accident and from whom? OPP 4. To what amount of compensation claimant Chunni Lal is entitled to on account of the injuries suffered by him in the present accident and from whom? OPP -3- suffered injuries. Hence it was submitted that the accident took place solely on of the offending truck by its driver. legal heirs of Ashok Kumar Suri, who was travelling in the care in question and had succumbed to the injuries sustained by him during the accident. The appellants Smt. Nirmal Kanta Suri widow and his son, two daughters and father submitted that he used to perform religious functions per month and they all were dependent on his notice of the claim petition, respondents appeared and denied of the parties, the Tribunal framed the following accident in question had taken place on account of rash and negligent driving of Truck No.90-E-63505 To what amount of compensation claimant Pawan Kumar Nayyar is entitled to on account of the injuries suffered by him accident and from whom? OPP To what amount of compensation claimants Rajni Bala etc are entitled to on account of death of Raj Singh @ Raju in the present accident and from whom? OPP To what amount of compensation claimant Chunni Lal is on account of the injuries suffered by him in the present accident and from whom? OPP suffered injuries. Hence it was submitted that the accident took place solely on legal heirs of Ashok Kumar Suri, who was travelling in the care in question and had succumbed to the injuries sustained by idow and his son, two daughters and father submitted that he used to perform religious functions per month and they all were dependent on his respondents appeared and denied of the parties, the Tribunal framed the following accident in question had taken place on 63505 To what amount of compensation claimant Pawan Kumar Nayyar is entitled to on account of the injuries suffered by him To what amount of compensation claimants Rajni Bala etc are entitled to on account of death of Raj Singh @ Raju in To what amount of compensation claimant Chunni Lal is on account of the injuries suffered by him in the TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII 5. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the tune of along with interest @ 6% per annum present appeal for enhancement of compensation awarded by the Tribunal. SUBMISSIONS OF 6. Learned counsel for the claimant assessed by the learned Tribunal is on the lower side learned Tribunal has gravely erred in law in holding that deceased was ea only Rs.62,000/ religious functions and ceremonies taken into consideration by the learned Tribunal while assessing his income. therefore, prays that the present appeal be allowed and the amount of compensation be enhanced. 7. Per contra, learned for the respondent the learned Tribunal vide award dated of compensation. 2006 (O&M) and CII-2008 5. To what amount of compensation claimant Nirmal Kan etc are entitled to on account of death of Sh. Ashok Kumar Suri in the present accident and from whom? OPP 6. To what amount of compensation claimant Raj Pal Mahajan is entitled to on account of the injuries received by him in the present accident and from whom? OPP 7. Relief. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the tune of along with interest @ 6% per annum. Hence the claimant appeal for enhancement of compensation awarded by the Tribunal. SUBMISSIONS OF LEARNED COUNSELS Learned counsel for the claimants-appellant assessed by the learned Tribunal is on the lower side learned Tribunal has gravely erred in law in holding that deceased was ea only Rs.62,000/- per annum. He further contends that he was also earning from religious functions and ceremonies and was practicing as Hakim, taken into consideration by the learned Tribunal while assessing his income. prays that the present appeal be allowed and the amount of compensation Per contra, learned for the respondent the learned Tribunal vide award dated 11.05.2005 of compensation. Therefore, he prays for dismissal of the present appeal. -4- To what amount of compensation claimant Nirmal Kan etc are entitled to on account of death of Sh. Ashok Kumar Suri in the present accident and from whom? OPP what amount of compensation claimant Raj Pal Mahajan is entitled to on account of the injuries received by him in the present accident and from whom? OPP After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the tune of Rs.4,23,340 Hence the claimants/appellants filed the appeal for enhancement of compensation awarded by the Tribunal. COUNSELS FOR THE PARTIES appellants contends that the amount assessed by the learned Tribunal is on the lower side. He further submits that the learned Tribunal has gravely erred in law in holding that deceased was earning per annum. He further contends that he was also earning from and was practicing as Hakim, which was not taken into consideration by the learned Tribunal while assessing his income. He prays that the present appeal be allowed and the amount of compensation Per contra, learned for the respondent-Insurance Company argues that 11.05.2005 has rightly assessed the amount Therefore, he prays for dismissal of the present appeal. To what amount of compensation claimant Nirmal Kanta etc are entitled to on account of death of Sh. Ashok Kumar Suri what amount of compensation claimant Raj Pal Mahajan is entitled to on account of the injuries received by After taking into consideration the pleadings and the evidence on 4,23,340/- filed the the amount . He further submits that the rning per annum. He further contends that he was also earning from was not He, prays that the present appeal be allowed and the amount of compensation that has rightly assessed the amount TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII 8. I have heard learned counsel for the parties and perused the record of this case 9. A perusal of the award indicates that the awarded by the towards funeral expenses is on the lower side and no amount has been awarded for loss of Estate and consortium. deceased was an Income Tax assessee and he was, Pre Secondary School, Amritsar, from where he was drawing a salary Rs.24,000/ annum, besides that he also used to work as Hakim and also used to perform religious functions and ceremonies. Since the income from the religious fun was exempted from the Income Tax, the same had not been shown in the Income Tax Return for the relevant years factors, the income of the deceased is assessed as Rs.84,000/ (Rs.7,000/- per month). Thus, SETTLED LAW ON COMPENSATION 10. Hon’ble Supreme Court in the case of Transport Corporation and Another down the law on assessment of compensation and the relevant paras of the same are as under:- “30 personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent 2006 (O&M) and CII-2008 I have heard learned counsel for the parties and perused the record of this case. A perusal of the award indicates that the awarded by the learned Tribunal is on the lower side towards funeral expenses is on the lower side and no amount has been awarded for loss of Estate and consortium. Further perusal of the award indicates that the deceased was an Income Tax assessee and he was, Pre Secondary School, Amritsar, from where he was drawing a salary Rs.24,000/ , besides that he also used to work as Hakim and also used to perform religious functions and ceremonies. Since the income from the religious fun exempted from the Income Tax, the same had not been shown in the Income Tax Return for the relevant years. Therefore, factors, the income of the deceased is assessed as Rs.84,000/ per month). Thus, the award requires interference by this Court. SETTLED LAW ON COMPENSATION Hon’ble Supreme Court in the case of Transport Corporation and Another [(2009) 6 Supreme Court Cases 121] down the law on assessment of compensation and the relevant paras of the same 30. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent -5- I have heard learned counsel for the parties and perused the whole A perusal of the award indicates that the amount of compensation on the lower side. Further, amount awarded towards funeral expenses is on the lower side and no amount has been awarded for Further perusal of the award indicates that the deceased was an Income Tax assessee and he was, President of M/s Ajay Senior Secondary School, Amritsar, from where he was drawing a salary Rs.24,000/- , besides that he also used to work as Hakim and also used to perform religious functions and ceremonies. Since the income from the religious function exempted from the Income Tax, the same had not been shown in the Income herefore, taking into consideration all the factors, the income of the deceased is assessed as Rs.84,000/- per annum requires interference by this Court. Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi [(2009) 6 Supreme Court Cases 121], laid down the law on assessment of compensation and the relevant paras of the same . Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent whole amount of compensation . Further, amount awarded towards funeral expenses is on the lower side and no amount has been awarded for Further perusal of the award indicates that the sident of M/s Ajay Senior per , besides that he also used to work as Hakim and also used to perform ction exempted from the Income Tax, the same had not been shown in the Income taking into consideration all the per annum rla Verma Vs. Delhi , laid down the law on assessment of compensation and the relevant paras of the same . Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII decisions was married, the deduction towards personal and living expenses of the deceased, should be one dependent family members is 2 to 3, one num where the number of dependent family members exceeds six. 31. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribu parent(s) and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant. contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or be dependent on the father. 32 only d the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family 2006 (O&M) and CII-2008 decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family members is 2 to 3, one number of dependent family members is 4 to 6, and one where the number of dependent family members exceeds six. . Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to chelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribu parent(s) and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or be dependent on the father. 32. Thus even if the deceased is survived by parents and only d the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family -6- of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4th) where the ber of dependent family members is 4 to 6, and one-fifth (1/5th) where the number of dependent family members exceeds six. . Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to chelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribution to the parent(s) and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or . Thus even if the deceased is survived by parents and siblings, only d the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of third (1/3rd) where the number of fourth (1/4th) where the fifth (1/5th) . Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to chelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his tion to the parent(s) and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or siblings, only d the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII of the bachelor is large and dependent on as in a case where he has a widowed mother and large number of younger non expenses may be restricted to one will be taken as two * 42. mentioned in Column (4) of the table above (prepared by applying Susamma Thomas³, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age gr 25 years), reduced by one unit for every five years, that is M to 30 years, M for 41 to 45 years, and M units for every fiv to 60 years, M 11. Hon’ble Supreme Court in the case of Ltd. Vs. Pranay Sethi & Ors. Sections 166, 163 aspects:- (A) multiplicand; (B) (C) 2006 (O&M) and CII-2008 of the bachelor is large and dependent on as in a case where he has a widowed mother and large number of younger non-earning sisters or brothers, his personal and living expenses may be restricted to one-third and will be taken as two-third. * * 42. We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared by applying Susamma Thomas³, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age gr 25 years), reduced by one unit for every five years, that is M to 30 years, M-16 for 31 to 35 years, M for 41 to 45 years, and M-13 for 46 to 50 years, then reduced by two units for every five years, that is, M to 60 years, M-7 for 61 to 65 years and M Hon’ble Supreme Court in the case of Ltd. Vs. Pranay Sethi & Ors. [(2017) 16 SCC 680] Sections 166, 163-A and 168 of the Motor Vehicles Act, 1988, on the following (A) Deduction of personal and living expenses to determine multiplicand; (B) Selection of multiplier depending on age of deceased; (C) Age of deceased on basis for applying multiplier; -7- of the bachelor is large and dependent on the income of the deceased, as in a case where he has a widowed mother and large number of earning sisters or brothers, his personal and living third and contribution to the family * * * We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared by applying Susamma Thomas³, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M-17 for 26 16 for 31 to 35 years, M-15 for 36 to 40 years, M 13 for 46 to 50 years, then reduced by two e years, that is, M-11 for 51 to 55 years, M-9 for 56 7 for 61 to 65 years and M-5 for 66 to 70 years. Hon’ble Supreme Court in the case of National Insurance Company [(2017) 16 SCC 680] has clarified the law under A and 168 of the Motor Vehicles Act, 1988, on the following Deduction of personal and living expenses to determine Selection of multiplier depending on age of deceased; for applying multiplier; the income of the deceased, as in a case where he has a widowed mother and large number of earning sisters or brothers, his personal and living contribution to the family We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared by applying Susamma Thomas³, Trilok Chandra and Charlie), which starts with oups of 15 to 20 and 21 to 17 for 26 15 for 36 to 40 years, M-14 13 for 46 to 50 years, then reduced by two 9 for 56 National Insurance Company aw under A and 168 of the Motor Vehicles Act, 1988, on the following Deduction of personal and living expenses to determine TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII (D) estate, loss of consortium and funeral expenses, with escalation; (E) ages: with permanent job; self The relevant portion of the judgment is reproduced as under: 2006 (O&M) and CII-2008 (D) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses, with escalation; (E) Future prospects for all categories of persons and for different ages: with permanent job; self-employed or fixed salary. The relevant portion of the judgment is reproduced as under: “52. As far as the conventional heads it difficult to agree with the view expresse granted Rs.25,000 towards funeral expenses, Rs 1,00,000 towards loss of consortium and Rs 1,00,000 towards loss of care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers to Santosh Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike det heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The cou oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consisten as a consequence of which, the orders passed by the tribunals -8- Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses, with escalation; Future prospects for all categories of persons and for different employed or fixed salary. The relevant portion of the judgment is reproduced as under:- conventional heads are concerned, we find agree with the view expressed in Rajesh². It has 25,000 towards funeral expenses, Rs 1,00,000 towards loss of consortium and Rs 1,00,000 towards loss of care and guidance for minor children. The head relating to loss ldren does not exist. Though Rajesh refers Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consisten as a consequence of which, the orders passed by the tribunals Reasonable figures on conventional heads, namely, loss of Future prospects for all categories of persons and for different are concerned, we find d in Rajesh². It has 25,000 towards funeral expenses, Rs 1,00,000 towards loss of consortium and Rs 1,00,000 towards loss of care and guidance for minor children. The head relating to loss ldren does not exist. Though Rajesh refers Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an ermination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in rt cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII 2006 (O&M) and CII-2008 and courts are likely to be unguided. seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be fact-centric or quantum that it would be condign quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of * * 59.3. While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addit be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. actual salary less tax. 59.4. In case the deceased was self salary, an addition of 40% of the established income should be the warrant where the deceased was below the age -9- and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of rtium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively. The principle of revisiting the said heads is an acceptable principle. But the centric or quantum-centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads. * * * . While determining the income, an addition of 50% of to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the Actual salary should be read as . In case the deceased was self-employed (or) on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of rtium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively. The principle of revisiting the said heads is an acceptable principle. But the centric. We think that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because . While determining the income, an addition of 50% of to the income of the deceased towards future prospects, where the deceased had a permanent job and was ion should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the Actual salary should be read as employed (or) on a fixed salary, an addition of 40% of the established income should be of 40 years. TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII 12. Insurance Company L Others [2018(18) SCC 130] Pranay Sethi (Supra) paras of the same are reproduced as under: 2006 (O&M) and CII-2008 An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component. 59.5. For determination of the multiplicand, the deduction for personal and living expenses, the tribunals and the courts shall be guided by paras 30 to 32 of Sarla Verma reproduced hereinbefore. 59.6. The selection of multiplier shall be as indicated in the Table in Sarla Verma¹ read with para 42 of that 59.7. The age of the deceased should be the basis for applying the multiplier. 59.8. Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 amounts should be enhanced at the rate of 10% in every three years.” Hon’ble Supreme Court in the case of Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Others [2018(18) SCC 130] after considering y Sethi (Supra) has settled the law regarding consortium. Relevant paras of the same are reproduced as under: -10- where the deceased was between the age of s and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the tax component. . For determination of the multiplicand, the deduction for rsonal and living expenses, the tribunals and the courts shall be guided by paras 30 to 32 of Sarla Verma⁴ which we have The selection of multiplier shall be as indicated in the Table in Sarla Verma¹ read with para 42 of that judgment. . The age of the deceased should be the basis for applying . Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three Hon’ble Supreme Court in the case of Magma General imited Vs. Nanu Ram alias Chuhru Ram & after considering Sarla Verma (supra) and has settled the law regarding consortium. Relevant paras of the same are reproduced as under:- where the deceased was between the age of s and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the . For determination of the multiplicand, the deduction for rsonal and living expenses, the tribunals and the courts shall ⁴ which we have The selection of multiplier shall be as indicated in the . The age of the deceased should be the basis for applying . Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three Magma General imited Vs. Nanu Ram alias Chuhru Ram & and has settled the law regarding consortium. Relevant TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII 2006 (O&M) and CII-2008 “21. A Constitution Bench of this Court in Pranay Sethi² dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, \"consortium\" is a compendious term which encompasses consortium\", and \"filial consortium\". The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the family. With respect to a spouse, it would relations with the deceased spouse 21.1. Spousal consortium pertaining to the relationship of a husband compensation to the surviving spouse for loss of \"company, society, cooperation, affection, and aid of the other in every conjugal relation\". 21.2. Parental consortium premature death of a parent, for loss of \"parental aid, protection, affection, society, discipline, guidance and training\". 21.3. Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. -11- . A Constitution Bench of this Court in Pranay Sethi² dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, \"consortium\" is a compendious term which encompasses \"spousal consortium\", \"parental consortium\", and \"filial consortium\". The right to consortium he company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse. is generally defined as rights relationship of a husband-wife which allows compensation to the surviving spouse for loss of \"company, affection, and aid of the other in every is granted to the child upon the premature death of a parent, for loss of \"parental aid, protection, affection, society, discipline, guidance and is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest lose their child during their lifetime. . A Constitution Bench of this Court in Pranay Sethi² dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, \"consortium\" is a compendious \"spousal consortium\", \"parental consortium\", and \"filial consortium\". The right to consortium he company, care, help, comfort, guidance, eceased, which is a loss to his xual is generally defined as rights wife which allows compensation to the surviving spouse for loss of \"company, affection, and aid of the other in every is granted to the child upon the premature death of a parent, for loss of \"parental aid, protection, affection, society, discipline, guidance and is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest lose their child during their lifetime. TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII 2006 (O&M) and CII-2008 Children are valued for their love, affection, companionship and their role in the family unit. 22. Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern jurisdictions world-over have recognised that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased child. 23. The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. Parental consortium lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on which compensation could be awarded on loss o consortium. -12- Children are valued for their love, affection, companionship and their role in the family unit. . Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern over have recognised that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded s of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased . The Motor Vehicles Act is a beneficial legislation aimed at the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. Parental consortium is awarded to children who lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial Children are valued for their love, affection, companionship . Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern over have recognised that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded s of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased . The Motor Vehicles Act is a beneficial legislation aimed at the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial is awarded to children who lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on f filial TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII CONCLUSION 13. In view of the law laid down by the Hon’ble Supreme Court in the above referred to judgments, the present appeal is allowed. The award dated 11.05.2005 is modified accordingly. The appellant enhanced amount of compensation as per the calculations made here Sr. No. 1. Income 2. Future Prospects 3. Deduction towards personal expenditure 4. Total Income 5. Multiplier 6 Annual Dependency 7 Loss of Estate 8 Funeral Expenses 9 Loss of Consortium Parental : Rs.48,000/ Spousal :Rs.48,000/ Filial : Rs.48,000/ 10 Total Compensation 11 Compensation awarded by the Tribunal Enhanced Compensation 2006 (O&M) and CII-2008 24. The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under \"loss of consortium\" as laid down in Pranay Sethi². In the present case, we deem it appropriate to award the f the sister of the deceased, an amount of of filial consortium. CONCLUSION In view of the law laid down by the Hon’ble Supreme Court in the above referred to judgments, the present appeal is allowed. The award dated is modified accordingly. The appellant enhanced amount of compensation as per the calculations made here Heads Income Rs.7,000/ Future Prospects 25% Rs.1750/ Deduction towards personal expenditure Rs.2,187/ Total Income Rs.6,563/ Multiplier 14 Annual Dependency Rs.11,02,584/ Loss of Estate Rs.18,000/ Funeral Expenses Rs.18,000/ Loss of Consortium Parental : Rs.48,000/- x 3 Spousal :Rs.48,000/- x 1 Filial : Rs.48,000/- x 1 Rs.2,40,00/ Total Compensation Rs.13,78,584/ Compensation awarded by the Tribunal Rs.4,23,340/ Enhanced Compensation Rs.9,55,244/ -13- . The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under \"loss of consortium\" as laid down in Pranay Sethi². In the present case, we deem it appropriate to award the father and the sister of the deceased, an amount of Rs 40,000 each for loss In view of the law laid down by the Hon’ble Supreme Court in the above referred to judgments, the present appeal is allowed. The award dated is modified accordingly. The appellant-claimant is entitled to the enhanced amount of compensation as per the calculations made here-under:- Compensation Awarded Rs.7,000/- Rs.1750/- (25% of 7000) Rs.2,187/- (1/4 of 8750) Rs.6,563/- (8750-2187) 14 Rs.11,02,584/-(6563 x 12 x 14) Rs.18,000/- Rs.18,000/- Rs.2,40,00/- Rs.13,78,584/- Rs.4,23,340/- Rs.9,55,244/- . The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under \"loss of consortium\" as laid down in Pranay Sethi². In the ather and h for loss In view of the law laid down by the Hon’ble Supreme Court in the above referred to judgments, the present appeal is allowed. The award dated claimant is entitled to the TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document FAO-4566-2006 (O&M) XOBJC-26-CII 14. So far as the interest part is concerned, as held by Hon’ble Supreme Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma and R.Valli and Others VS. Tamil Nandu State Transport Corporation Supreme Court Cases 107, per annum from the date of filing of claim petition till the date of realization 15. Respondent Nos. 1 to 4 of compensation a period of two months The Tribunal is directed to disburse the amount of compensation along with interest in the account the award dated bank account details to the Tribunal. 16. FAO is XOBJ-26-CII-2008 So far as cross file. However, liberty case any cause of action arose. Pending applications, if any, also stand disposed of. November 05, 2024 tripti Whether speaking/non Whether reportable 2006 (O&M) and CII-2008 So far as the interest part is concerned, as held by Hon’ble Supreme Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma R.Valli and Others VS. Tamil Nandu State Transport Corporation Supreme Court Cases 107, the amount so calculated shall carry an interest @9% per annum from the date of filing of claim petition till the date of realization Respondent Nos. 1 to 4 are directed to deposit the of compensation along with interest with the Tribunal a period of two months from the date of receipt of certified copy of this The Tribunal is directed to disburse the amount of compensation along with in the account of claimants/appellants in the same ratio dated 11.05.2005. The claimants/appellant bank account details to the Tribunal. FAO is Disposed of accordingly. 2008 So far as cross-objections are concerned, no record is liberty is granted to the cross-objectors case any cause of action arose. Pending applications, if any, also stand disposed of. , 2024 Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -14- So far as the interest part is concerned, as held by Hon’ble Supreme Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma 2019 ACJ 3176 R.Valli and Others VS. Tamil Nandu State Transport Corporation (2022) 5 o calculated shall carry an interest @9% per annum from the date of filing of claim petition till the date of realization. directed to deposit the enhanced amount along with interest with the Tribunal (jointly and severally) within from the date of receipt of certified copy of this judgment The Tribunal is directed to disburse the amount of compensation along with s in the same ratio as was granted in /appellants are directed to furnish their objections are concerned, no record is available on the objectors to get the same revived Pending applications, if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE speaking : Speaking es/No So far as the interest part is concerned, as held by Hon’ble Supreme 2019 ACJ 3176 (2022) 5 o calculated shall carry an interest @9% amount within judgment. The Tribunal is directed to disburse the amount of compensation along with as was granted in their available on the revived in TRIPTI SAINI 2024.11.19 15:11 I attest to the accuracy and integrity of this document "