High Court · 2024

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

6. The learned counsel for the claimant nsel for the claimants-appellants contends that arned Tribunal is on lower side. He the compensation granted by the learned Tribunal is on lower side. He arned Tribunal is on lower side. He the compensation granted by the le further contends that the Tribunal has wrongly taken the income of the further contends that the Tribunal has wrongly taken the income of the further contends that the Tribunal has wrongly taken the income of the further contends that the Tribunal has wrongly taken the income of the He further contends that the deduction of 1/3rd deceased as 4268/- p.m. He further contends that the deduction of 1/3 deceased as amount towards his personal expenditure is at higher side whereas it amount towards his personal expenditure is at higher side whereas it amount towards his personal expenditure is at higher side whereas it amount towards his personal expenditure is at higher side whereas it should be 1/4th. The Tribunal erred in applying the multiplier of 14 . The Tribunal erred in applying the multiplier of 14 . The Tribunal erred in applying the multiplier of 14 should be 1/ instead of multiplier of 16 as per settled law instead of . The learned Tribunal has as per settled law. The learned Tribunal has not awarded any amount on account of conso not awarded any rtium and for future amount on account of consortium and for future prospects. He further contends that the amount of compensation granted . He further contends that the amount of compensation granted He further contends that the amount of compensation granted for loss of estate and funeral expenses is also on lower side. Therefore he for loss of estate and funeral expenses is also on lower side. Therefore he for loss of estate and funeral expenses is also on lower side. Therefore he for loss of estate and funeral expenses is also on lower side. Therefore he prayed prayed prayed prayed that the present appeal be allowed and that the present appeal be allowed and that the present appeal be allowed and that the present appeal be allowed and the amount of the amount of the amount of the amount of e appellants/claimants shall be enhanced. compensation awarded to the appellants/claimants shall be enhanced. compensation awarded to th RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -5-

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

9. A perusal of the award indicates that the deceased was 31 years A perusal of the award indicates that the as per salary certificate and statement of age at the time of accident and as per salary certificate and statement as per salary certificate and statement of age at the time of accident and of PW- 1 -1 1 i.e. Ashok Chugh, Superintendent Personnel i.e. Ashok Chugh, Superintendent Personnel i.e. Ashok Chugh, Superintendent Personnel Administration, M/s. Nuchem Weir Limited, Faridabad Administration, - M/s. Nuchem Weir Limited, Faridabad, deceased- Devender Kumar was receiving a salary of Devender Kumar plus field was receiving a salary of 6808/- per month plus field allowances of approximately 1250-1300 per month allowances of approximately A perusal of the 1300 per month. A perusal of the award shows that the Tribunal has erred in taking monthly income of award shows that the Tribunal has erred in taking monthly income of award shows that the Tribunal has erred in taking monthly income of award shows that the Tribunal has erred in taking monthly income of deceased- -Devender Kumar as pm however, 4268/- pm however, 4268/ taking taking 1 and salary certificate this court consideration the statement of PW-1 and salary certificate this court 1 and salary certificate this court consideration the statement of PW assess the monthly income of the deceased as assess the monthly after deducting the income of the deceased as 7400/- after deducting the taxes. TLED LAW ON COMPENSATION SETTLED LAW ON COMPENSATION TLED LAW ON COMPENSATION

10. Sarla Verma Vs. Delhi Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Hon’ble Supreme Court in the case of Transport Corporation and Another [(2009) 6 Supreme Court Cases Transport Corporation and Another [(2009) 6 Supreme Court Cases [(2009) 6 Supreme Court Cases RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -6- , laid down the law on assessment of compensation and the relevant 121], laid down the law on assessment of compensation and the relevant , laid down the law on assessment of compensation and the relevant , laid down the law on assessment of compensation and the relevant paras of the same are as under:- paras of the same are as under: Though in some cases the deduction to be made “30. Though in some cases the deduction to be made Though in some cases the deduction to be made towards personal and living expenses is calculated on the towards personal and living expenses is calculated on the towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general basis of units indicated in Trilok Chandra, the general basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a practice is to apply standardised deductions. Having a practice is to apply standardised deductions. Having a of this Court, we considered several subsequent decisions of this Court, we considered several subsequent decisions are of the view that where the deceased was married, the are of the view that where the deceased was married, the are of the view that where the deceased was married, the deduction towards personal and living expenses of the deduction towards personal and living expenses of the deduction towards personal and living expenses of the third (1/3rd) where the number of deceased, should be one-third (1/3rd) where the number of third (1/3rd) where the number of fourth (1/4th) dependent family members is 2 to 3, one-fourth (1/4th) dependent family members is 2 to 3, one er of dependent family members is 4 to 6, where the number of dependent family members is 4 to 6, er of dependent family members is 4 to 6, fifth (1/5th) where the number of dependent family and one-fifth (1/5th) where the number of dependent family fifth (1/5th) where the number of dependent family members exceeds six.

31. Where the deceased was a bachelor and the claimants . Where the deceased was a bachelor and the claimants . Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. are the parents, the deduction follows a different principle. are the parents, the deduction follows a different principle. bachelors, normally, 50% is deducted as In regard to bachelors, normally, 50% is deducted as bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a personal and living expenses, because it is assumed that a personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even bachelor would tend to spend more on himself. Even bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married otherwise, there is also the possibility of his getting married otherwise, there is also the possibility of his getting married bution to the in a short time, in which event the contribution to the in a short time, in which event the contri parent(s) and siblings is likely to be cut drastically. Further, parent(s) and siblings is likely to be cut drastically. Further, parent(s) and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to subject to evidence to the contrary, the father is likely to subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a have his own income and will not be considered as a have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant and the mother alone will be considered as a dependant and the mother alone will be considered as a . In the absence of evidence to the contrary, dependant. In the absence of evidence to the contrary, . In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, brothers and sisters will not be considered as dependants, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or because they will either be independent and earning, or because they will either be independent and earning, or married, or be dependent on the father. married, or be dependent on the father.

32. Thus even if the deceased is survived by parents a . Thus even if the deceased is survived by parents and siblings, only d the mother would be considered to be a siblings, only d the mother would be considered to be a siblings, only d the mother would be considered to be a dependant, and 50% would be treated as the personal and dependant, and 50% would be treated as the personal and dependant, and 50% would be treated as the personal and RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -7- living expenses of the bachelor and 50% as the contribution living expenses of the bachelor and 50% as the contribution living expenses of the bachelor and 50% as the contribution to the family. However, where the family of the bachelor is to the family. However, where the family of the bachelor is to the family. However, where the family of the bachelor is n the income of the deceased, as in a large and dependent on the income of the deceased, as in a n the income of the deceased, as in a case where he has a widowed mother and large number of case where he has a widowed mother and large number of case where he has a widowed mother and large number of earning sisters or brothers, his personal and younger non-earning sisters or brothers, his personal and earning sisters or brothers, his personal and living expenses may be restricted living expenses may be restricted third and to one-third and to one contribution to the family will be taken as two-third. contribution to the family will be taken as two * * * * * We therefore hold that the multiplier to be used should 42. We therefore hold that the multiplier to be used should We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared be as mentioned in Column (4) of the table above (prepared be as mentioned in Column (4) of the table above (prepared by applying Susamma Thomas³, Trilok Chandra and by applying Susamma Thomas³, Trilok Chandra and by applying Susamma Thomas³, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for Charlie), which starts with an operative multiplier of 18 (for Charlie), which starts with an operative multiplier of 18 (for ups of 15 to 20 and 21 to 25 years), reduced by the age groups of 15 to 20 and 21 to 25 years), reduced by ups of 15 to 20 and 21 to 25 years), reduced by 17 for 26 to 30 years, one unit for every five years, that is M-17 for 26 to 30 years, one unit for every five years, that is M M-16 for 31 to 35 years, M- 14 for -15 for 36 to 40 years, M-14 for 13 for 46 to 50 years, then reduced by 41 to 45 years, and M-13 for 46 to 50 years, then reduced by 13 for 46 to 50 years, then reduced by two units for every five years, that is, M 11 for 51 to 55 years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M - 9 for 56 to 60 years, M-7 for 61 to 65 years and M- 5 for 66 to 70 years.

11. National Insurance Hon’ble Supreme Court in the case of National Insurance Hon’ble Supreme Court in the case of Company Ltd. Vs. Pranay Sethi & Ors. [(2017) 16 SCC 680] has Company Ltd. Vs. Pranay Sethi & Ors. Company Ltd. Vs. Pranay Sethi & Ors. clarified the law under Sections 166, 163 clarified the law und A and 168 of the Motor er Sections 166, 163-A and 168 of the Motor Vehicles Act, 1988, on the following aspects:- Vehicles Act, 1988, on the following aspects: Vehicles Act, 1988, on the following aspects: Deduction of personal and (A) Deduction of personal and Deduction of personal and living expenses living expenses living expenses determine multiplicand; (B) Selection of multiplier depending on age of deceased; Selection of multiplier depending on age of deceased; (C) Age of deceased on basis for a Age of deceased on basis for applying multiplier; Reasonable figures on conventional heads, namely, (D) Reasonable figures on conventional heads, namely, Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses, with loss of estate, loss of consortium and funeral expenses, with loss of estate, loss of consortium and funeral expenses, with escalation; RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -8- Future prospects for all categories of persons and for (E) Future prospects for all categories of persons and for Future prospects for all categories of persons and for or fixed different ages: with permanent job; self-employed or fixed different ages: with permanent job; self salary. The relevant portion of the judgment is reproduced as The relevant portion of the judgment is reproduced as The relevant portion of the judgment is reproduced as under:- “52. As As far as far as the conventional heads are agree with the view concerned, we find it difficult to agree with the view concerned, we find it difficult to expressed in Rajesh². It has granted Rs. 25,000 d in Rajesh². It has granted Rs.25,000 1,00,000 towards loss of towards funeral expenses, Rs 1,00,000 towards loss of towards funeral expenses, Rs consortium and Rs 1,00,000 towards loss of care and consortium and Rs 1,00,000 towards loss of care and consortium and Rs 1,00,000 towards loss of care and guidance for minor children. The head relating to loss guidance for minor children. The head relating to loss guidance for minor children. The head relating to loss of care and minor children does not exist. Though of care and minor children does not exist. Though of care and minor children does not exist. Though Devi, it does not seem to Rajesh refers to Santosh Devi, it does not seem to Rajesh refers to Santosh nventional and traditional follow the same. The conventional and traditional follow the same. The co heads, needless to say, cannot be determined on heads, needless to say, cannot be determined on heads, needless to say, cannot be determined on percentage basis because that would not be an percentage basis because that would not be an percentage basis because that would not be an acceptable criterion. Unlike determination of income, acceptable criterion. Unlike determination of income, acceptable criterion. Unlike determination of income, the said heads have the said heads have the said heads have to be quantified. Any to be quantified. Any to be quantified. Any oundation. quantification must have a reasonable foundation. quantification must have a reasonable f There can be no dispute over the fact that price index, There can be no dispute over the fact that price index, There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a fall in bank interest, escalation of rates in many a fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain field have to be noticed. The court cannot remain field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in oblivious to the same. There has been a thumb rule in oblivious to the same. There has been a thumb rule in ll be extreme difficulty this aspect. Otherwise, there will be extreme difficulty this aspect. Otherwise, there wi in determination of the same and unless the thumb in determination of the same and unless the thumb in determination of the same and unless the thumb rule is applied, there will be immense variation rule is applied, there will be immense variation rule is applied, there will be immense variation lacking any kind of consistency as a consequence of lacking any kind of consistency as a consequence of lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts which, the orders passed by the tribunals and courts which, the orders passed by the tribunals and courts Therefore, we think it are likely to be unguided. Therefore, we think it are likely to be unguided. seemly to fix reasonable sums. It seems to us that seemly to fix reasonable sums. It seems to us that seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, reasonable figures on conventional heads, namely, reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses loss of estate, loss of consortium and funeral expenses loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 should be Rs.15,000, Rs.40,000 and Rs.15,000 should be Rs.15,000, Rs.40,000 and Rs.15,000 RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -9- revisiting the said respectively. The principle of revisiting the said respectively. The principle of heads is an acceptable principle. But the revisit heads is an acceptable principle. But the revisit heads is an acceptable principle. But the revisit should not be fact-centric or quantum centric. We centric or quantum-centric. We think that it would be condign that the amount that we think that it would be condign that the amount that we think that it would be condign that the amount that we have quantified should be enhanced on percentage have quantified should be enhanced on percentage have quantified should be enhanced on percentage the enhancement basis in every three years and the enhancement basis in every three years and should be at the rate of 10% in a span of three years. should be at the rate of 10% in a span of three years. should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in We are disposed to hold so because that will bring in We are disposed to hold so because that will bring in consistency in respect of those heads. consistency in respect of those heads. * * * * * . While determining the income, an addition of 59.3. While determining the income, an addition of . While determining the income, an addition of 50% of actual salary the income of the deceased to the income of the deceased towards future prospects, where the deceased had a towards future prospects, where the deceased had a towards future prospects, where the deceased had a permanent job and was below the age of 40 years, permanent job and was below the age of 40 years, permanent job and was below the age of 40 years, should be made. The addition should be 30%, if the should be made. The addition should be 30%, if the should be made. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In age of the deceased was between 40 to 50 years. In age of the deceased was between 40 to 50 years. In en the age of 50 to 60 case the deceased was between the age of 50 to 60 case the deceased was betwe Actual salary years, the addition should be 15%. Actual salary years, the addition should be 15%. should be read as actual salary less tax. should be read as actual salary less tax.

59.4. In case the deceased was self employed (or) on . In case the deceased was self-employed (or) on a fixed salary, an addition of 40% of the established a fixed salary, an addition of 40% of the established a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was income should be the warrant where the deceased was income should be the warrant where the deceased was below the age of 40 years. An addition of 25% of 40 years. An addition of 25% where s the deceased was between the age of 40 to 50 years the deceased was between the age of 40 to 50 year and 10% where the deceased was between the age of and 10% where the deceased was between the age of and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary 50 to 60 years should be regarded as the necessary 50 to 60 years should be regarded as the necessary method of computation. The established income method of computation. The established income method of computation. The established income means the income minus the tax component. means the income minus the . For determination of the multiplicand, the 59.5. For determination of the multiplicand, the . For determination of the multiplicand, the rsonal and living expenses, the deduction for personal and living expenses, the rsonal and living expenses, the y paras 30 tribunals and the courts shall be guided by paras 30 tribunals and the courts shall be guided b which we have reproduced to 32 of Sarla Verma which we have reproduced to 32 of Sarla Verma hereinbefore. RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -10- The selection of multiplier shall be as indicated 59.6. The selection of multiplier shall be as indicated The selection of multiplier shall be as indicated in the Table in Sarla Verma¹ read with para 42 of that in the Table in Sarla Verma¹ read with para 42 of that in the Table in Sarla Verma¹ read with para 42 of that judgment. . The age of the deceased should be the basis for 59.7. The age of the deceased should be the basis for . The age of the deceased should be the basis for multiplier. applying the multiplier. . Reasonable figures on conventional heads, 59.8. Reasonable figures on conventional heads, . Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral namely, loss of estate, loss of consortium and funeral namely, loss of estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs expenses should be Rs 15,000, Rs 40,000 and Rs expenses should be Rs 15,000, Rs 40,000 and Rs ly. The aforesaid amounts should be 15,000 respectively. The aforesaid amounts should be ly. The aforesaid amounts should be enhanced at the rate of 10% in every three years.” enhanced at the rate of 10% in every three years.

12. Hon’ble Supreme Court in the case of Magma General Hon’ble Supreme Court in the case of Magma General imited Vs. Nanu Ram alias Chuhru Ram & Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & imited Vs. Nanu Ram alias Chuhru Ram & Insurance Company L Others [2018(18) SCC 130] after considering Others [2018(18) SCC 130] after considering Sarla Verma (supra) and Pranay Sethi (Supra) has settled the law regarding consortium. y Sethi (Supra) has settled the law regarding consortium. has settled the law regarding consortium. Relevant paras of the same are reproduced as under:- Relevant paras of the same are reproduced as under: Relevant paras of the same are reproduced as under: . A Constitution Bench of this Court in Pranay “21. A Constitution Bench of this Court in Pranay . A Constitution Bench of this Court in Pranay Sethi² dealt with the various heads under which Sethi² dealt with the various heads under which Sethi² dealt with the various heads under which in a death case. One compensation is to be awarded in a death case. One compensation is to be awarded of these heads is loss of consortium. In legal parlance, of these heads is loss of consortium. In legal parlance, of these heads is loss of consortium. In legal parlance, "consortium" "consortium" "consortium" is a is a is a compendious compendious compendious term which term which term which encompasses encompasses encompasses "spousal "spousal "spousal consortium", consortium", consortium", "parental "parental "parental consortium", and "filial consortium". The right to consortium", and "filial consortium". The right to consortium", and "filial consortium". The right to e, help, consortium would include the company, care, help, consortium would include comfort, guidance, solace and affection of comfort, guidance, solace and affection of comfort, guidance, solace and affection of eceased, which is a loss to his family. With respect to deceased, which is a loss to his family. With respect to eceased, which is a loss to his family. With respect to xual relations with the a spouse, it would include sexual relations with the a spouse, it would include deceased spouse.

21.1. Spousal consortium is generally defined as Spousal consortium is generally defined as rights pertaining to the relationship of a husband-wife rights pertaining to the RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -11- which allows compensation to the surviving spouse which allows compensation to the surviving spouse which allows compensation to the surviving spouse for loss of "company, society, cooperation, affection, for loss of "company, society, cooperation, affection, for loss of "company, society, cooperation, affection, and aid of the other in every conjugal relation". and aid of the other in every conjugal relation".

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

21.3. Filial consortium is the right of the parents to Filial consortium is the right of the parents to compensation in the case of an accidental death of a compensation in the case of an accidental death of a compensation in the case of an accidental death of a death of a child child. An accident leading to the death of a child child. An accident leading to the causes great shock and agony to the parents and causes great shock and agony to the parents and causes great shock and agony to the parents and family of the deceased. The greatest agony for a family of the deceased. The greatest agony for a family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. parent is to lose their child during their lifetime. parent is to lose their child during their lifetime. Children are valued Children are valued Children are valued love, affection, love, affection, love, affection, companionship and their role in the family unit. companionship and their role in the family . Consortium is a special prism reflecting changing 22. Consortium is a special prism reflecting changing . Consortium is a special prism reflecting changing norms about norms about norms about the status and worth of actual the status and worth of actual the status and worth of actual over have relationships. Modern jurisdictions world-over have relationships. Modern jurisdictions world recognised that the value of a child's consortium far recognised that the value of a child's consortium far recognised that the value of a child's consortium far exceeds the economic value of the compensation exceeds the economic value of the compensation exceeds the economic value of the compensation awarded in the case of the death of a child. Most awarded in the case of the death of a child. Most awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded jurisdictions therefore permit parents to be awarded jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death compensation under loss of consortium on the death compensation under loss of consortium on the death of a child. The amount awarded to the parents is a of a child. The amount awarded to the parents is a of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and compensation for loss of the love, affection, care companionship of the deceased child. companionship of the deceased child. . The Motor Vehicles Act is a beneficial legislation 23. The Motor Vehicles Act is a beneficial legislation . The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their aimed at providing relief to the victims or their aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a families, in cases of genuine claims. In case where a families, in cases of genuine claims. In case where a RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -12- parent has lost their minor child, or unmarried son or parent has lost their minor child, or unmarried son or parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss daughter, the parents are entitled to be awarded loss daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. of consortium under the head of filial consortium. of consortium under the head of filial consortium. Parental consortium is awarded to children who lose Parental consortium is awarded to children who lose Parental consortium is awarded to children who lose their parents in motor vehicle accidents under the Act. their parents in motor vehicle accidents under the Act. their parents in motor vehicle accidents under the Act. n on A few High Courts have awarded compensation on A few High Courts have awarded compensatio this count. However, there was no clarity with respect this count. However, there was no clarity with respect this count. However, there was no clarity with respect to the principles on which compensation could be to the principles on which compensation could be to the principles on which compensation could be awarded on loss of filial consortium. awarded on loss of filial consortium . The amount of compensation to be awarded as 24. The amount of compensation to be awarded as . The amount of compensation to be awarded as consortium will be governed by the principles of consortium will be governed by the principles of consortium will be governed by the principles of pensation under "loss of consortium" as awarding compensation under "loss of consortium" as pensation under "loss of consortium" as laid down in Pranay Sethi². In the present case, we laid down in Pranay Sethi². In the present case, we laid down in Pranay Sethi². In the present case, we deem it appropriate to award the father and the sister deem it appropriate to award the father and the sister deem it appropriate to award the father and the sister h for loss of the deceased, an amount of Rs 40,000 each for loss of the deceased, an amount of of filial consortium. CONCLUSION CONCLUSION

13. id down by the Hon’ble Supreme Court in In view of the law laid down by the Hon’ble Supreme Court in id down by the Hon’ble Supreme Court in the above referred to judgments, the present appeal is allowed. The award the above referred to judgments, the present appeal is allowed. The award the above referred to judgments, the present appeal is allowed. The award the above referred to judgments, the present appeal is allowed. The award dated 27.02.2007 Motor Accident Claims Tribunal, 27.02.2007 passed by the Motor Accident Claims Tribunal, Motor Accident Claims Tribunal, Gurgaon is modified accordingly. The appellant Gurgaon entitled accordingly. The appellants-claimants are entitled to compensation as per the calculations made here-under:- to compensation as per the calculations made here to compensation as per the calculations made here Sr. No. Heads Compensation Awarded (In Rs.) Monthly Income 1. Monthly Income

2. Future prospects @ Future prospects @50% Deduction towards personal 3. Deduction towards personal expenditure (1/4th) expenditure (1/ Total Income 4. Total Income 7400 3700 7400+3700x1/4 = 2775 11100-2775=8325 RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -13-

5. Multiplier Multiplier (16) Annual Dependency 6. Annual Dependency Loss of Estate 7. Loss of Estate Funeral Expenses 8. Funeral Expenses Loss of Consortium 9. Loss of Consortium Parental : Rs. Parental : Rs.48000/- x 3 Filial : Rs.48000/- x 2 Filial 8325 x 16 (8325x 16x 12) =1598400 18000 18000 240000 Total Compensation Total Compensation Rs.18,74,400/- Already Awarded by the Tribunal Already Awarded by the Tribunal 4,88,128/- Enhanced Compensation Enhanced Compensation 13,86,272/-

10. So far as the interest part is concerned, as held by Hon’ble So far as the interest part is concerned, as held by Hon’ble So far as the interest part is concerned, as held by Hon’ble Dara Singh @ Dhara Banjara Vs. Shyam Singh Supreme Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Dara Singh @ Dhara Banjara Vs. Shyam Singh Supreme Court in Varma 2019 ACJ 3176 R.Valli and Others VS. Tamil Nandu State 2019 ACJ 3176 and R.Valli and Others VS. Tamil Nandu State R.Valli and Others VS. Tamil Nandu State Transport Corporation (2022) 5 Supreme Court Cases 107, Transport Corporation (2022) 5 Supreme Court Cases 107, the appellant- claimant is granted the interest @9% per annum on the -claimant is granted the interest @9% per annum on the claimant is granted the interest @9% per annum on the enhanced amount from the date of filing of claim petition till the date of enhanced amount from the date of filing of claim petition till the date of enhanced amount from the date of filing of claim petition till the date of enhanced amount from the date of filing of claim petition till the date of its realization. its realization The Insurance Company is directed to deposit the enhanced The Insurance Company is directed to deposit the enhanced The Insurance Company is directed to deposit the enhanced amount of compensation along with interest with the Tribunal within a amount of compensation along with interest with the Tribunal within a amount of compensation along with interest with the Tribunal within a amount of compensation along with interest with the Tribunal within a period of two months from the date of receipt of certified copy of this period of two months from the date of receipt of certified copy of this period of two months from the date of receipt of certified copy of this period of two months from the date of receipt of certified copy of this the amount of judgment. The Tribunal is further directed to disburse the amount of judgment. The Tribunal is further directed to disburse judgment. The Tribunal is further directed to disburse compensation along with interest as per its award dated 27.02.2007 compensation along with interest The as per its award dated 27.02.2007. The claimants s/appellants are directed to furnish details to directed to furnish their bank accounts details to the Tribunal. the Tribunal. RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment (O&M) -14-

15. Disposed of accordingly. , if any, also stand disposed of. Pending application(s), if any, also stand disposed of. RAJ KUMAR 2024.12.02 17:31 I attest to the accuracy and integrity of this document/judgment