KIRTI ETC & Anr. v. ORIENTAL INSURANCE COMPANY LTD

Judgment

:

#1. It cannot be disputed that at the time of death, there in fact were four dependents of the deceased and not three. The subsequent death of the deceased’s dependent mother ought not to be a reason for reduction of motor accident compensation. Claims and legal liabilities crystallise at the time of the accident itself, and changes post thereto ought not to ordinarily affect pending proceedings. Just like how appellant-claimants cannot rely upon subsequent increases in minimum wages, the respondent-insurer too cannot seek benefit of the subsequent death of a dependent during the pendency of legal proceedings. Similarly, any concession in law made in this regard by either counsel would not bind the parties, as it is legally settled that advocates cannot throw-away legal rights or enter into arrangements contrary to law. [Para 10][998-G; 999-A-B]

2.1 Any compensation awarded by a Court ought to be just, reasonable and consequently must undoubtedly be guided by principles of fairness, equity, and good conscience. Not only did the family of the deceased consist of septuagenarian parents, but there were also two toddler-girls, aged merely 3 and 4 years; each of whom requires exceptional care and expenditure till they reach the stage of self-dependency. Tragically, in addition to the A B C D E F G H KIRTI & ANR. ETC. v. ORIENTAL INSURANCE COMPANY LTD. 991

married couple, the negligence of the driver also extinguished the life of the family’s third child who was a foetus in victim-lady’s womb at the time of the accident. Thus, the appropriate deduction for personal expenses for both victims (couple) ought to be 1/4th only, and not 1/3rd as applied by the Tribunal and the High Court, more so when there were four family members dependent on the deceased. [Para 11][999-C-E]