Kanta Kanta & Ors. v. Maha Singh & Ors.

Judgment

1. The present appeal has been preferred by the claimants/appellants The present appeal has been preferred by the claimants/appellants The present appeal has been preferred by the claimants/appellants The present appeal has been preferred by the claimants/appellants by the learned Motor Accident Claims against the award dated 29.01.2007 passed by the learned Motor Accident Claims by the learned Motor Accident Claims against the award dated Tribunal, Karnal Karnal (for short, ‘the Tribunal’) under Section 166 of the Motor (for short, ‘the Tribunal’) under Section 166/140 of the Motor Vehicles Act, 1988, whereby, the claimants/appellants Vehicles Act, 1988, whereby, the claimants/appellants were granted Rs.3,23,900 3,23,900/- on account of death of Jai Pal. on account of death of

2. As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of quantum of compensation awarded by the learned Tribunal, a detailed narration of quantum of compensation awarded by the learned Tribunal, a detailed narration of quantum of compensation awarded by the learned Tribunal, a detailed narration of sake of brevity. the facts of the case is not reproduced and is skipped herein for the sake of brevity. the facts of the case is not reproduced and is skipped herein for the the facts of the case is not reproduced and is skipped herein for the TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -2-

SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES

3. Learned counsel for the claimants- Learned counsel for the claimants that the claim -appellants contends that the claim petition was originally filed by Jai Pal for compensation on account of injuries petition was originally filed by Jai Pal for compensation on account of injuries petition was originally filed by Jai Pal for compensation on account of injuries petition was originally filed by Jai Pal for compensation on account of injuries pendency of the claim petition, he succumbed to received by him, but during the pendency of the claim petition, he succumbed to pendency of the claim petition, he succumbed to received by him, but during the and the claim petition was further continued by his widow Kanta his injuries and the claim petition was further continued by his widow Kanta and the claim petition was further continued by his widow Kanta and the claim petition was further continued by his widow Kanta (appellant No.1), his minor daughters (appellant Nos.2 and 3) and his parents (appellant No.1), his minor daughters (appellant Nos.2 and 3) and his parents (appellant No.1), his minor daughters (appellant Nos.2 and 3) and his parents (appellant No.1), his minor daughters (appellant Nos.2 and 3) and his parents (appellant Nos. 4 and 5). He further states that (appellant Nos. 4 and 5) nt assessed by the learned He further states that amount assessed by the learned Tribunal is on the lower side. He further contends that Tribunal is on the lower side. no amount was granted He further contends that no amount was granted towards future prospects, loss of estate and the amount granted for loss of towards future prospects, loss of estate and the amount granted for loss of towards future prospects, loss of estate and the amount granted for loss of towards future prospects, loss of estate and the amount granted for loss of and funeral expenses is on lower side. Therefore, he prays that the and funeral expenses is on lower side. Therefore, he prays that and funeral expenses is on lower side. Therefore, he prays that consortium and funeral expenses is on lower side. Therefore, he prays that present appeal be allowed and the awarded amount of compensation be enhanced present appeal be allowed and the awarded amount of compensation be enhanced present appeal be allowed and the awarded amount of compensation be enhanced present appeal be allowed and the awarded amount of compensation be enhanced as per the latest law. as per the latest law

4. Per contra, learned for the respondent Per contra, learned for the respondent-Insurance Company argue that the learned Tribunal vide award dated 29.01.2007 the learned Tribunal vide award dated assessed the amount 29.01.2007 has rightly assessed the amount . Therefore, he prays for dismissal of the present appeal. of compensation. Therefore, he prays for dismissal of the present appeal. of compensation

5. I have heard learned counsel for the parties and perused the whole I have heard learned counsel for the parties and perused the whole I have heard learned counsel for the parties and perused the whole I have heard learned counsel for the parties and perused the whole record of this case. record of this case.

6. rightly A perusal of record shows that the learned Tribunal has rightly A perusal of record shows that the learned A perusal of record shows that the learned . Further perusal of the monthly income of the deceased as Rs.2400/-. Further perusal of the monthly income of the deceased as Rs. assessed the monthly income of the deceased as Rs. record reveals that the deceased was 28 years of age at time of the accident. record reveals that the deceased was It is years of age at time of the accident. It is no amount was granted towards future prospects, loss of estate further revealed that no amount was granted towards future prospects, loss of estate no amount was granted towards future prospects, loss of estate further revealed that nted for loss of consortium and funeral expenses is also on and the amount granted for loss of consortium and funeral expenses is also on nted for loss of consortium and funeral expenses is also on and the amount gra instead of The Tribunal has also erred in applying the multiplier of 15 instead of The Tribunal has also erred in applying the multiplier of lower side. The Tribunal has also erred in applying the multiplier of . Moreover, the Tribunal has also erred in deducting 1/3rd of the income of the of the income of the . Moreover, the Tribunal has also erred in deducting 1/3 17. Moreover, the Tribunal has also erred in deducting 1/3 TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -3- deceased towards his personal expenditure, instead of 1/4 deceased towards his personal expenditure, instead of 1/4th. Therefore, the award the award requires indulgence of indulgence of this Court.

7. A perusal of the record clearly shows that the deceased before his A perusal of the record clearly shows that the deceased before his A perusal of the record clearly shows that the deceased before his A perusal of the record clearly shows that the deceased before his death had suffered defused axonal injuries thereby affecting the sensory and motor death had suffered defused axonal injuries thereby affecting the sensory and motor death had suffered defused axonal injuries thereby affecting the sensory and motor death had suffered defused axonal injuries thereby affecting the sensory and motor functioning of his body. His injury had resulted into septicemia. He undergone functioning of his body. His injury had resulted into septicemia. He undergone functioning of his body. His injury had resulted into septicemia. He undergone functioning of his body. His injury had resulted into septicemia. He undergone treatment from different hospitals. The Disability Certificate Ex.P treatment from different h 142 clearly ospitals. The Disability Certificate Ex.P-142 clearly shows that due to the injuries he had become permanently disabled and ultimately shows that due to the injuries he had become permanently disabled and ultimately shows that due to the injuries he had become permanently disabled and ultimately shows that due to the injuries he had become permanently disabled and ultimately succumbed to the injuries because he could not fully recover from that. This Court succumbed to the injuries because he could not fully recover from that. This Court succumbed to the injuries because he could not fully recover from that. This Court succumbed to the injuries because he could not fully recover from that. This Court has dealt with the same issue in FAO-5040-2006 has dealt with the same issue in Hans Raj and another 2006 titled as Hans Raj and another Vs. Mohit Mittal and others Decided on 29.11.2024 Vs. Mohit Mittal and others and the same is reproduced as Decided on 29.11.2024 and the same is reproduced as under:- “10.

10. The claimants are also entitled for pain and suffering in The claimants are also entitled for pain and suffering in The claimants are also entitled for pain and suffering in Divisional view of judgment of Hon’ble the Apex Court in a case of Divisional view of judgment of Hon’ble the Apex Court in a case of view of judgment of Hon’ble the Apex Court in a case of Manager, Oriental Insurance Co. Ltd vs. Maran Chandra Das and Manager, Oriental Insurance Co. Ltd vs. Maran Chandra Das and Manager, Oriental Insurance Co. Ltd vs. Maran Chandra Das and Manager, Oriental Insurance Co. Ltd vs. Maran Chandra Das and others, 2023 ACJ 864 wherein it has been held as under: others, 2023 ACJ 864 wherein it has been held as under:- “ Having heard Having heard Having heard learned counsel learned counsel learned counsel the petitioner at a the petitioner at a the petitioner at a with the considerable length, we do not find any ground to interfere with the considerable length, we do not find any ground to interfere considerable length, we do not find any ground to interfere High Court of impugned judgment dated 7.1.2021 passed by the High Court of impugned judgment dated 7.1.2021 passed by the impugned judgment dated 7.1.2021 passed by the Tripura. Tripura.

2. The question of law sought to be raised on behalf of the The question of law sought to be raised on behalf of the The question of law sought to be raised on behalf of the that the petitioner does not arise for consideration for the reason that the petitioner does not arise for consideration for the reason petitioner does not arise for consideration for the reason

20.10.2015 deceased son of the respondent(s) met with an accident on 20.10.2015 deceased son of the respondent(s) met with an deceased son of the respondent(s) met with an and he remained hospitalised at and he remained hospitalised at Kolkata where multiple surgeries Kolkata where multiple surgeries TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -4- However, he could not survive and were performed on him. However, he could not survive and However, he could not survive and were performed on him. on 13.9.2016. succumbed to injuries on 13.9.2016. succumbed to injuries

3. where the In the peculiar facts and circumstances of this case, where the In the peculiar facts and circumstances of this case, parents witnessed the pain, agony and suffering parents witnessed t of their son for he pain, agony and suffering of their son for by the High Court, under almost one year, the compensation awarded by the High Court, under almost one year, the compensation awarded almost one year, the compensation awarded cannot be said to be without any basis. the head of pain and suffering, cannot be said to be without any basis. cannot be said to be without any basis. the head of pain and suffering, themselves also suffered unbearable pain every moment The parents themselves also suffered unbearable pain every moment themselves also suffered unbearable pain every moment The parents during this entire period”

8. In view of the above, the claimants/appellants are entitled for In view of the above, the claimants/appellants are entitled for In view of the above, the claimants/appellants are entitled for In view of the above, the claimants/appellants are entitled for Pain and Sufferings, suffered by the deceased. compensation under the Head - Pain and Sufferings, suffered by the deceased. compensation under the Head SETTLED LAW ON COMPENSATION SETTLED LAW ON COMPENSATION

9. Sarla Verma Vs. Delhi Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Hon’ble Supreme Court in the case of Hon’ble Supreme Court in the case of Transport Corporation and Another [(2009) 6 Supreme Court Cases 121] Transport Corporation and Another , laid [(2009) 6 Supreme Court Cases 121], laid down the law on assessment of compensation and the relevant paras of the same down the law on assessment of compensation and the relevant paras of the same down the law on assessment of compensation and the relevant paras of the same down the law on assessment of compensation and the relevant paras of the same are as under:- . Though in some cases the deduction to be made towards 30. Though in some cases the deduction to be made towards . Though in some cases the deduction to be made towards “30 l and living expenses is calculated on the basis of units personal and living expenses is calculated on the basis of units l and living expenses is calculated on the basis of units persona indicated in Trilok Chandra, the general practice is to apply indicated in Trilok Chandra, the general practice is to apply indicated in Trilok Chandra, the general practice is to apply indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent standardised deductions. Having a considered several subsequent standardised deductions. Having a considered several subsequent standardised deductions. Having a considered several subsequent decisions of this Court, we are of the view that where the deceased decisions of this Court, we are of the view that where the deceased decisions of this Court, we are of the view that where the deceased decisions of this Court, we are of the view that where the deceased married, the deduction towards personal and living expenses of was married, the deduction towards personal and living expenses of married, the deduction towards personal and living expenses of third (1/3rd) where the number of the deceased, should be one-third (1/3rd) where the number of third (1/3rd) where the number of the deceased, should be one fourth (1/4th) where the dependent family members is 2 to 3, one-fourth (1/4th) where the dependent family members is 2 to 3, one dependent family members is 2 to 3, one TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -5- number of dependent family members is 4 to 6, and one-fifth (1/5th number of dependent family members is 4 to 6, and one number of dependent family members is 4 to 6, and one fifth (1/5th) where the number of dependent family members exceeds six. where the number of dependent family members exceeds six. where the number of dependent family members exceeds six. . Where the deceased was a bachelor and the claimants are the 31. Where the deceased was a bachelor and the claimants are the . Where the deceased was a bachelor and the claimants are the . Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to parents, the deduction follows a different principle. In regard to parents, the deduction follows a different principle. In regard to parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living bachelors, normally, 50% is deducted as personal and living bachelors, normally, 50% is deducted as personal and living bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend expenses, because it is assumed that a bachelor would tend to spend expenses, because it is assumed that a bachelor would tend to spend expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his more on himself. Even otherwise, there is also the possibility of his more on himself. Even otherwise, there is also the possibility of his 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 getting married in a short time, in which event the contribution to the getting married in a short time, in which event the contribution to the getting married in a short time, in which event the contribution to the stically. Further, subject parent(s) and siblings is likely to be cut drastically. Further, subject parent(s) and siblings is likely to be cut dra parent(s) and siblings is likely to be cut dra to evidence to the contrary, the father is likely to have his own income to evidence to the contrary, the father is likely to have his own income to evidence to the contrary, the father is likely to have his own income 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 and will not be considered as a dependant and the mother alone will and will not be considered as a dependant and the mother alone will 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 be considered as a dependant. In the absence of evidence to the be considered as a dependant. In the absence of evidence to the be considered as a dependant. In the absence of evidence to the isters will not be considered as dependants, contrary, brothers and sisters will not be considered as dependants, isters will not be considered as dependants, contrary, brothers and s because they will either be independent and earning, or married, or because they will either be independent and earning, or married, or because they will either be independent and earning, or married, or because they will either be independent and earning, or married, or be dependent on the father. be dependent on the father. . Thus even if the deceased is survived by parents and siblings, 32. Thus even if the deceased is survived by parents and siblings, . Thus even if the deceased is survived by parents and siblings, 32 ependant, and 50% only d the mother would be considered to be a dependant, and 50% only d the mother would be considered to be a d only d the mother would be considered to be a d would be treated as the personal and living expenses of the bachelor would be treated as the personal and living expenses of the bachelor would be treated as the personal and living expenses of the bachelor would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family and 50% as the contribution to the family. However, where the family and 50% as the contribution to the family. However, where the family and 50% as the contribution to the family. However, where the family of the bachelor is large and dependent on the income of the deceased, of the bachelor is large and dependent on the income of the deceased, of the bachelor is large and dependent on the income of the deceased, of the bachelor is large and dependent on the income of the deceased, dowed mother and large number of as in a case where he has a widowed mother and large number of dowed mother and large number of as in a case where he has a wi earning sisters or brothers, his personal and living younger non-earning sisters or brothers, his personal and living earning sisters or brothers, his personal and living younger non TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -6- third and contribution to the family expenses may be restricted to one-third and contribution to the family third and contribution to the family expenses may be restricted to one will be taken as two-third. will be taken as two * * * * * *

42. We therefore hold that the multiplier 42. to be used should be as We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared by applying mentioned in Column (4) of the table above (prepared by applying mentioned in Column (4) of the table above (prepared by applying mentioned in Column (4) of the table above (prepared by applying Susamma Thomas³, Trilok Chandra and Charlie), which starts with Susamma Thomas³, Trilok Chandra and Charlie), which starts with Susamma Thomas³, Trilok Chandra and Charlie), which starts with 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 an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 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 25 years), reduced by one unit 17 for 26 for every five years, that is M-17 for 26 to 30 years, M-16 for 31 to 35 years, M to 30 years, M 16 for 31 to 35 years, M-15 for 36 to 40 years, M 15 for 36 to 40 years, M-14 13 for 46 to 50 years, then reduced by two for 41 to 45 years, and M-13 for 46 to 50 years, then reduced by two 13 for 46 to 50 years, then reduced by two for 41 to 45 years, and M 9 for 56 units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 units for every five years, that is, M units for every five years, that is, M to 60 years, M-7 for 61 to 65 years and M to 6 7 for 61 to 65 years and M-5 for 66 to 70 years.

10. National Insurance Company Hon’ble Supreme Court in the case of National Insurance Company Hon’ble Supreme Court in the case of Hon’ble Supreme Court in the case of Ltd. Vs. Pranay Sethi & Ors. [(2017) 16 SCC 680] Ltd. Vs. Pranay Sethi & Ors. has clarified the law under [(2017) 16 SCC 680] has clarified the law under A and 168 of the Motor Vehicles Act, 1988, on the following Sections 166, 163-A and 168 of the Motor Vehicles Act, 1988, on the following A and 168 of the Motor Vehicles Act, 1988, on the following Sections 166, 163 aspects:- Deduction of personal and living expenses to determine (A) Deduction of personal and living expenses to determine Deduction of personal and living expenses to determine (A) multiplicand; multiplicand; Selection of multiplier depending on age of deceased; (B) Selection of multiplier depending on age of deceased; (B) of deceased on basis for applying multiplier; (C) Age of deceased on basis for applying multiplier; (C) Reasonable figures on conventional heads, namely, loss of (D) Reasonable figures on conventional heads, namely, loss of Reasonable figures on conventional heads, namely, loss of (D) estate, loss of consortium and funeral expenses, with escalation; estate, loss of consortium and funeral expenses, with escalation; estate, loss of consortium and funeral expenses, with escalation; TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -7- Future prospects for all categories of persons and for different (E) Future prospects for all categories of persons and for different Future prospects for all categories of persons and for different (E) employed or fixed salary. ages: with permanent job; self-employed or fixed salary. ages: with pe The relevant portion of the judgment is reproduced as under:- The relevant portion of the judgment is reproduced as under: The relevant portion of the judgment is reproduced as under: “52. As far as the conventional heads are concerned, we find conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh². It has it difficult to agree with the view expressed in Rajesh². It has it difficult to agree with the view expressed in Rajesh². It has rds funeral expenses, Rs 1,00,000 granted Rs.25,000 towards funeral expenses, Rs 1,00,000 rds funeral expenses, Rs 1,00,000 towards loss of consortium and Rs 1,00,000 towards loss of towards loss of consortium and Rs 1,00,000 towards loss of towards loss of consortium and Rs 1,00,000 towards loss of care and guidance for minor children. The head relating to loss care and guidance for minor children. The head relating to loss care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers of care and minor children does not exist. Though Rajesh refers of care and minor children does not exist. Though Rajesh refers to Santosh Devi, it does not seem t o follow the same. The Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be conventional and traditional heads, needless to say, cannot be conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an determined on percentage basis because that would not be an determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said acceptable criterion. Unlike determination of income, the said acceptable criterion. Unlike determination of income, the said must have a heads have to be quantified. Any quantification must have a heads have to be quantified. Any quantification reasonable foundation. There can be no dispute over the fact reasonable foundation. There can be no dispute over the fact reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in that price index, fall in bank interest, escalation of rates in that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain many a field have to be noticed. The court cannot remain many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this oblivious to the same. There has been a thumb rule in this oblivious to the same. There has been a thumb rule in this pect. Otherwise, aspect. Otherwise, pect. Otherwise, there will be extreme difficulty there will be extreme difficulty there will be extreme difficulty determination of the same and unless the thumb rule is applied, determination of the same and unless the thumb rule is applied, determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency there will be immense variation lacking any kind of consistency there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals as a consequence of which, the orders passed by the tribunals as a consequence of which, the orders passed by the tribunals e likely to be unguided. Therefore, we think it and courts are likely to be unguided. Therefore, we think it e likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable seemly to fix reasonable sums. It seems to us that reasonable seemly to fix reasonable sums. It seems to us that reasonable TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -8- figures on conventional heads, namely, loss of estate, loss of figures on conventional heads, namely, loss of estate, loss of figures on conventional heads, namely, loss of estate, loss of consortium and consortium and consortium and funeral expenses should be Rs.15,000, funeral expenses should be Rs.15,000, funeral expenses should be Rs.15,000, tively. Rs.40,000 and Rs.15,000 respectively. Rs.40,000 and Rs.15,000 respec The principle of The principle of revisiting the said heads is an acceptable principle. But the revisiting the said heads is an acceptable principle. But the revisiting the said heads is an acceptable principle. But the revisit should not be fact-centric or quantum centric. We think centric or quantum-centric. We think that it would be condign that the amount that we have that it would be condign that the amount that we have that it would be condign that the amount that we have in every quantified should be enhanced on percentage basis in every quantified should be enhanced on percentage basis three years and the enhancement should be at the rate of 10% three years and the enhancement should be at the rate of 10% 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 in a span of three years. We are disposed to hold so because in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads. that will bring in consistency in respect of those heads. * * * * *

59.3. While determining the income, an addition of 50% of . While determining the income, an addition of 50% of actual salary to the income of the deceased towards future actual salary to the income of the deceased towards future actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was prospects, where the deceased had a permanent job and was prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addition should below the age of 40 years, should be made. The addition should 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. be 30%, if the age of the deceased was between 40 to 50 years. be 30%, if the age of the deceased was between 40 to 50 years. case the deceased was between the age of 50 to 60 years, the In case the deceased was between the age of 50 to 60 years, the case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as addition should be 15%. Actual salary should be read as addition should be 15%. Actual salary should be read as actual salary less tax.

59.4. In case the deceased was self employed (or) on a fixed . In case the deceased was self-employed (or) on a fixed should be salary, an addition of 40% of the established income should be salary, an addition of 40% of the established income the warrant where the deceased was below the age of 40 years. the warrant where the deceased was below the age of 40 years. the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of An addition of 25% where the deceased was between the age of An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the 40 to 50 years and 10% where the deceased was between the 40 to 50 years and 10% where the deceased was between the TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -9- age of 50 to 60 years should be regarded as the necessary age of 50 to 60 years should be regarded as the necessary age of 50 to 60 years should be regarded as the necessary of computation. The established income means the method of computation. The established income means the of computation. The established income means the income minus the tax component. income minus the tax component. . For determination of the multiplicand, the deduction for 59.5. For determination of the multiplicand, the deduction for . For determination of the multiplicand, the deduction for personal and living expenses, the tribunals and the courts shall personal and living expenses, the tribunals and the courts shall personal and living expenses, the tribunals and the courts shall h we have be guided by paras 30 to 32 of Sarla Verma which we have be guided by paras 30 to 32 of Sarla Verma whic reproduced hereinbefore.

59.6. The selection of multiplier shall be as indicated in the The selection of multiplier shall be as indicated in the The selection of multiplier shall be as indicated in the Table in Sarla Verma¹ read with para 42 of that judgment. Table in Sarla Verma¹ read with para 42 of that judgment. . The age of the deceased should be the basis for applying 59.7. The age of the deceased should be the basis for applying . The age of the deceased should be the basis for applying the multiplier.

59.8. Reasonable figures on conventional heads, namely, loss of res on conventional heads, namely, loss of res on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs estate, loss of consortium and funeral expenses should be Rs estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three amounts should be enhanced at the rate of 10% in every three amounts should be enhanced at the rate of 10% in every three years.”

11. Hon’ble Supreme Court in the case of Hon’ble Supreme C ourt in the case of Magma General Insurance Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Others [2018(18) SCC Company Limited Vs. Nanu Ram alias Chuhru Ram & Others [2018(18) SCC Company Limited Vs. Nanu Ram alias Chuhru Ram & Others [2018(18) SCC Company Limited Vs. Nanu Ram alias Chuhru Ram & Others [2018(18) SCC 130] after considering after considering Sarla Verma (supra) (supra) and Pranay Sethi (Supra) Pranay Sethi (Supra) has reproduced settled the law regarding consortium. Relevant paras of the same are reproduced settled the law regarding consortium. Relevant paras of the same are settled the law regarding consortium. Relevant paras of the same are as under:- TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document . A Constitution Bench of this Court in Pranay Sethi² dealt “21. A Constitution Bench of this Court in Pranay Sethi² dealt . A Constitution Bench of this Court in Pranay Sethi² dealt with the various heads under which compensation is to be with the various heads under which compensation is to be with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of awarded in a death case. One of these heads is loss of awarded in a death case. One of these heads is loss of 2007 (O&M) FAO-3025-2007 (O&M) -10- consortium. In legal parlance, "consortium" is a compendious consortium. In legal parlance, "consortium" is a compendiou consortium. In legal parlance, "consortium" is a compendiou term which encompasses "spousal consortium", "parental term which encompasses "spousal consortium", "parental term which encompasses "spousal consortium", "parental consortium", and "filial consortium". The right to consortium consortium", and "filial consortium". The right to consortium consortium", and "filial consortium". The right to consortium would include the company, care, help, comfort, guidance, would include the company, care, help, comfort, guidance, would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his solace and affection of the deceased, which is a loss to his solace and affection of the deceased, which is a loss to his ct to a spouse, it would include sexual family. With respect to a spouse, it would include sexual ct to a spouse, it would include sexual relations with the deceased spouse. relations with the deceased spouse.

21.1. Spousal consortium is generally defined as rights is generally defined as rights wife which allows pertaining to the relationship of a husband-wife which allows pertaining to the relationship of a husband compensation to the surviving spouse for loss of "company, compensation to the surviving spouse for loss of "company, compensation to the surviving spouse for loss of "company, society, cooperation, affection, and aid of the other in every society, cooperation, affection, and aid of the other in every society, cooperation, affection, and aid of the other in every conjugal relation".

21.2. Parental consortium is granted to the child upon the is granted to the child upon the premature death of a parent, for loss of "parental aid, premature death of a parent, for loss of "parental aid, premature death of a parent, for loss of "parental aid, protection, affection, protection, affection, protection, affection, society, discipline, guidance and society, discipline, guidance and society, discipline, guidance and training".

21.3. Filial consortium is the right of the parents to is the right of the parents to is the right of the parents to compensation in the case of an accidental death of a child. An compensation in the case of an accidental death of a child. An compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and accident leading to the death of a child causes great shock and accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony to the parents and family of the deceased. The greatest agony to the parents and family of the deceased. The greatest child during their lifetime. agony for a parent is to lose their child during their lifetime. agony for a parent is to lose their Children are valued for their love, affection, companionship Children are valued for their love, affection, companionship Children are valued for their love, affection, companionship and their role in the family unit. and their role in the family unit. TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -11- . Consortium is a special prism reflecting changing norms 22. Consortium is a special prism reflecting changing norms . Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern about the status and worth of actual relationships. Modern about the status and worth of actual relationships. Modern over have recognised that the value of a jurisdictions world-over have recognised that the value of a over have recognised that the value of a child's consortium far exceeds the economic value of the child's consortium far exceeds the economic value of the child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most compensation awarded in the case of the death of a child. Most compensation awarded in the case of the death of a child. Most jurisdictions jurisdictions jurisdictions therefore permit parents therefore permit parents therefore permit parents to be awarded to be awarded to be awarded tium on the death of a child. compensation under loss of consortium on the death of a child. compensation under loss of consor The amount awarded to the parents is a compensation for loss The amount awarded to the parents is a compensation for loss The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased of the love, affection, care and companionship of the deceased of the love, affection, care and companionship of the deceased child. . The Motor Vehicles Act is a beneficial legislation aimed at 23. The Motor Vehicles Act is a beneficial legislation aimed at . The Motor Vehicles Act is a beneficial legislation aimed at s or their families, in cases of providing relief to the victims or their families, in cases of providing relief to the victim genuine claims. In case where a parent has lost their minor genuine claims. In case where a parent has lost their minor genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to child, or unmarried son or daughter, the parents are entitled to child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial be awarded loss of consortium under the head of filial be awarded loss of consortium under the head of filial to children who consortium. Parental consortium is awarded to children who consortium. Parental consortium is awarded lose their parents in motor vehicle accidents under the Act. A lose their parents in motor vehicle accidents under the Act. A lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count. few High Courts have awarded compensation on this count. few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on However, there was no clarity with respect to the principles on However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial which compensation could be awarded on loss of filial which compensation could be awarded on loss of filial consortium. . The amount of compensation to be awarded as consortium 24. The amount of compensation to be awarded as consortium . The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation will be governed by the principles of awarding compensation will be governed by the principles of awarding compensation under "loss of consortium" as laid down in Pranay Sethi². In the under "loss of consortium" as laid down in Pranay Sethi². In the under "loss of consortium" as laid down in Pranay Sethi². In the TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -12- present case, we deem it appropriate to award the father and present case, we deem it appropriate to award the father and present case, we deem it appropriate to award the father and he sister of the deceased, an amount of Rs 40,000 each for loss the sister of the deceased, an amount of Rs 40,000 each for loss he sister of the deceased, an amount of Rs 40,000 each for loss of filial consortium. CONCLUSION CONCLUSION

12. In view of the law laid down by the Hon’ble Supreme Court in the In view of the law laid down by the Hon’ble Supreme Court in the In view of the law laid down by the Hon’ble Supreme Court in the 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 above referred to judgments, the present appeal is allowed. The award dated above referred to judgments, the present appeal is allowed. The award dated above referred to judgments, the present appeal is allowed. The award dated

29.01.2007 is modified modified. The appellants-claimants are entitled to enchanced claimants are entitled to the enchanced compensation as per the calculations made here- compensation as per the calculations made here -under:- Sr. No. Heads Compensation Awarded Compensation Awarded Monthly Income 1 Monthly Income Rs.2400/- 2 Future prospects @40% Future prospects @4 Rs.960/- (40% of 2400) 2 Deduction Deduction towards personal expenditure (1/4rd) expenditure (1/ Rs.840/- [1/4 of 3360] 3 Total Income Total Income Rs.2520/- (3360-840) Multiplier 4 Multiplier 17 Annual Dependency 5 Annual Dependency x12x17) Rs.5,14,080/-(2520x12x17) 6 7 Loss of Estate Loss of Estate Funeral Expenses Funeral Expenses Medical Expenses 8 Medical Expenses 9 Pain and Suffering Pain and Suffering Loss of Consortium 10 Loss of Consortium Filial Filial : Rs.48,000/- x 2 Spousal : Rs.48,000/- x 1 Spousal : Rs.48,000/ Parental : Rs.48,000/- x 2 Parental : Rs.48,000/ Rs.18,000/- Rs.18,000/- Rs.28,835/- Rs.1,00,000/- Rs.2,40,000/- Total Compensation Total Compensation Rs.9,18,915/- Amount awarded by Tribunal Amount awarded by Tribunal Rs.3,23,835/- Enhanced Amount Enhanced Amount Rs.5,95,080/- (9,18,915– 3,23,835) TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document 2007 (O&M) FAO-3025-2007 (O&M) -13-

13. So far as the interest part is concerned, as held by Hon’ble Supreme So far as the interest part is concerned, as held by Hon’ble Supreme So far as the interest part is concerned, as held by Hon’ble Supreme So far as the interest part is concerned, as held by Hon’ble Supreme 2019 ACJ 3176 Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma 2019 ACJ 3176 Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma and R.Valli and Others VS. Tamil Na R.Valli and Others VS. Tamil Nadu State Transport Corporation du State Transport Corporation (2022) 5 (2022) 5 claimants are granted the interest @ Supreme Court Cases 107, the appellants-claimants are granted the interest @ claimants are granted the interest @ Supreme Court Cases 107, 9% per annum on the enhanced amount from the date of filing of claim petition till 9% per annum on the enhanced amount from the date of filing of claim petition till 9% per annum on the enhanced amount from the date of filing of claim petition till 9% per annum on the enhanced amount from the date of filing of claim petition till the date of its realization. the date of its realization.

14. In view of the above, respondent No.3 In view of the Insurance Company No.3- National Insurance Company is directed to deposit the directed to deposit the enhanced amount of compensation with the Tribunal amount of compensation with the Tribunal within a period of two months from the date of receipt of copy of this judgment. within a period of two months from the date of receipt of copy of this judgment. within a period of two months from the date of receipt of copy of this judgment. within a period of two months from the date of receipt of copy of this judgment. unt of compensation along with The Tribunal is further directed to disburse the amount of compensation along with The Tribunal is further directed to disburse the amo The Tribunal is further directed to disburse the amo interest in the account of claimants/appellant interest in the account of claimant as per the ratio settled by the /appellants as per the ratio settled by the Tribunal in award dated 29.01.2007. The claimant Tribunal in award dated 29.01.2007 directed to . The claimants/appellants are directed to bank account details to the Tribunal. furnish their bank account details to the Tribunal. bank account details to the Tribunal.

15. In view of the order passed in FAO N In view of o.1682 of 2007 dated the order passed in FAO No.1682 of 2007 dated

18.07.2024 passed by this Court the insurance 18.07.2024 passed by this Court hereby directed to the insurance companies are hereby directed to and Mr. the current scheduled fee to Mr. Suman Jain, Advocate and Mr. the current scheduled fee to Mr. disburse the current scheduled fee to Mr. R.N.Singal, Advocate within a period of twenty R.N.Singal, Advocate days from the date of receipt of twenty days from the date of receipt of copy of this judgment. copy of this judgment.

17. Disposed of accordingly. Disposed of accordingly. Pending applications, if any, also stand disposed of. Pending applications, if any, also stand disposed of. Pending applications, if any, also stand disposed of. , 2024 December 16, 2024 tripti (SUDEEPTI SHARMA) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2024.12.20 15:37 I attest to the accuracy and integrity of this document