Raghu Ram alias Bhagu Ram and Others Raghu Ram alias Bhagu Ram and Others v. Shambhu Kumar Yadav and Others Shambhu Kumar Yadav
Case Details
FAO-503-2006 (O&M) -1- 201 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- FAO FAO-503-2006 (O&M) Date of Decision : 07.03.2025 Date of Decision : Raghu Ram alias Bhagu Ram and Others Raghu Ram alias Bhagu Ram and Others ....Appellants VERSUS Shambhu Kumar Yadav and Others Shambhu Kumar Yadav ....Respondents SUDEEPTI SHARMA CORAM : HON’BLE MRS. JUSTICE SUDEEPTI SHARMA CORAM : HON’BLE MRS. JUSTICE Present: Mr. Advocate for the appellants. Mr. G.S.Verma, Advocate for the appellants. Mr. Harjinder Singh, Advocate for Mr. Harjinder Singh, Advocate for Mr. Harjinder Singh, Advocate for Mr. Gaurav Gupta, Advocate for the respondent-Insurance Co. Mr. Gaurav Gupta, Advocate for the respondent Mr. Gaurav Gupta, Advocate for the respondent SUDEEPTI SHARMA, J. (Oral) SUDEEPTI SHARMA, J. -.- 1. The present appeal has been preferred by the claimants/appellants for The present appeal has been preferred by the claimants/appellants for The present appeal has been preferred by the claimants/appellants for The present appeal has been preferred by the claimants/appellants for enhancement of compensation awarded by the learned Motor Accident Claims enhancement of compensation awarded by the learned Motor Accident Claims enhancement of compensation awarded by the learned Motor Accident Claims enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Ludhi Ludhiana (for short, ‘the Tribunal’) vide award dated under (for short, ‘the Tribunal’) vide award dated 23.07.2005 under Section 166 of the Motor Vehicles Act, 1988, whereby, the claimants/appellants Section 166 of the Motor Vehicles Act, 1988, whereby, the claimants/appellants Section 166 of the Motor Vehicles Act, 1988, whereby, the claimants/appellants Section 166 of the Motor Vehicles Act, 1988, whereby, the claimants/appellants were awarded a compensation of Rs. awarded a compensation of Rs.42,000/- along with interest @ % per annum. along with interest @ 9% per annum. 2. The present appeal stems from an accident w The present appeal stems hich took place in the from an accident which took place in the , with considerable time having passed while the instant appeal remains year 2003, with considerable time having passed while the instant appeal remains , with considerable time having passed while the instant appeal remains , with considerable time having passed while the instant appeal remains
Facts
pending final adjudication. The case file has been fully burnt due to fire incident pending final adjudication. The case file has been fully burnt due to fire incident pending final adjudication. The case file has been fully burnt due to fire incident pending final adjudication. The case file has been fully burnt due to fire incident which took place in the Civil Revision branch of which took place in this Court in the year 2011 the Civil Revision branch of this Court in the year 2011 resulting in the facts being rendered illegible and unreadable. resulting in the facts being rendered illegible and unreadable. resulting in the facts being rendered illegible and unreadable. 3. In the light of the facts and circumstances and considering full In the light of the facts and circumstances and considering full In the light of the facts and circumstances and considering full In the light of the facts and circumstances and considering full loss/destruction of the case file as well as the absence of complete papers book, loss/destruction of the case file as well as the absence of complete papers book, loss/destruction of the case file as well as the absence of complete papers book, loss/destruction of the case file as well as the absence of complete papers book, s left with no option but to dispense with the requirement to set forth this Court is left with no option but to dispense with the requirement to set forth s left with no option but to dispense with the requirement to set forth s left with no option but to dispense with the requirement to set forth the facts of the case in this judgment. the facts of the case in this judgment. TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -2- SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES 4. appellants contends that the The learned counsel for the claimants-appellants contends that the The learned counsel for the claimants The learned counsel for the claimants learned Tribunal is on the lower side. He further submits amount assessed by the learned Tribunal is on the lower side. He further submits learned Tribunal is on the lower side. He further submits amount assessed by the , funeral that no amount of compensation was granted towards future prospects, funeral that no amount of compensation was granted towards future prospects that no amount of compensation was granted towards future prospects expenses, for loss of consortium and the learned Tribunal expenses, for loss of consortium wrongly applied and the learned Tribunal has wrongly applied multiplier of 5 instead of 7 therefore, prays that the present appeal be allowed instead of 7. He, therefore, prays that the present appeal be allowed therefore, prays that the present appeal be allowed and the amount of compensation be enhanced. and the amount of compensation be enhanced. 5. Insurance Company Per contra, learned counsel for the respondent - Insurance Company Per contra, learned counsel for the respondent Per contra, learned counsel for the respondent has contended that there is no scope for enhancement in the present case. has contended that there is no scope for enhancement in the present case. has contended that there is no scope for enhancement in the present case. has contended that there is no scope for enhancement in the present case. rays for dismissal of the present appeal. Therefore, he prays for dismissal of the present appeal. rays for dismissal of the present appeal. 6. 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. 7. the deceased was 65 years of age A perusal of the award indicates that the deceased was 65 years of age A perusal of the award indicates that A perusal of the award indicates that record as per the post mortem report. at the time of accident which was proved on record as per the post mortem report. record as per the post mortem report. at the time of accident Further, it was also proved that deceased was working in the fields of various Further, it was also proved that deceased was working in the fields of various Further, it was also proved that deceased was working in the fields of various Further, it was also proved that deceased was working in the fields of various However, under the prevailing facts of landlords and agriculturist in the village. However, under the prevailing facts of However, under the prevailing facts of landlords and agriculturist in the village. the present case, her income is to be assessed as Rs.21 the present case, per month in income is to be assessed as Rs.2100/- per month in accordance with the minimum wages prescribed for the unskilled worker in the accordance with the minimum wages prescribed for the unskilled worker in the accordance with the minimum wages prescribed for the unskilled worker in the accordance with the minimum wages prescribed for the unskilled worker in the . Further, the learned Tribunal has erred in applying the multiplier State of Punjab. Further, the learned Tribunal has erred in applying the multiplier . Further, the learned Tribunal has erred in applying the multiplier . Further, the learned Tribunal has erred in applying the multiplier of 5 instead of 7 and no amount of compensation was granted towards of 5 instead of 7 and funeral no amount of compensation was granted towards funeral expenses, for loss of consortium. expenses, for loss of consortium. SETTLED LAW ON COMPENSATION SETTLED LAW ON COMPENSATION 8. 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 TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -3- 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 down the law on assessment of compensation and 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 personal and living expenses is calculated on the basis of units personal and living expenses is calculated on the basis of units personal and living expenses is calculated on the basis of units personal and living expenses is calculated on the basis of units 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 Having a considered several subsequent standardised deductions. Having a considered several subsequent Having a considered several subsequent standardised deductions. 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 was married, the deduction towards personal and living expenses of was married, the deduction towards personal and living expenses of was married, the deduction towards personal and living expenses of was 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 dependent family members is 2 to 3, one dependent family me fourth (1/4th) where the mbers is 2 to 3, one-fourth (1/4th) where the fifth (1/5th) 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 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 on follows a different principle. In regard to parents, the deduction follows a different principle. In regard to on follows a different principle. In regard to parents, the deducti 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 ried in a short time, in which event the contribution to the getting married in a short time, in which event the contribution to the ried in a short time, in which event the contribution to the getting mar parent(s) and siblings is likely to be cut drastically. Further, subject parent(s) and siblings is likely to be cut drastically. Further, subject parent(s) and siblings is likely to be cut drastically. Further, subject 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 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 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 and will not be considered as a dependant and 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 be considered as a dependant. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, contrary, brothers and sisters will not be considered as dependants, contrary, brothers and sisters will not be considered as dependants, contrary, brothers and sisters will not be considered as dependants, 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. s even if the deceased is survived by parents and siblings, 32. Thus even if the deceased is survived by parents and siblings, s even if the deceased is survived by parents and siblings, 32 only d the mother would be considered to be a dependant, 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 dependant, and 50% 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 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 family and 50% as the contribution to the family. However, where the family and 50% as the contribution to the family. However, where the and 50% as the contribution to the family. However, where the 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, TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -4- as in a case where he has a widowed mother and large number of as in a case where he has a widowed mother and large number of as in a case where he has a widowed mother and large number of as in a case where he has a widowed mother and large number of 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 expenses may be restricted to one-third and contrib expenses may be restricted to one ution to the family third and contribution to the family will be taken as two-third. will be taken as two * * * * * * We therefore hold that the multiplier to be used should be as 42. We therefore hold that the multiplier to be used should be as We therefore hold that the multiplier to be used should be as 42. 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 w Susamma Thomas³, Trilok Chandra and Charlie), which starts w Susamma Thomas³, Trilok Chandra and Charlie), which starts w 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 17 for 26 25 years), reduced by one unit for every five years, that is M-17 for 26 25 years), reduced by one unit for every five years, that is M 25 years), reduced by one unit for every five years, that is M 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 for 41 to 45 years, and M-13 for 46 to for 41 to 45 years, and M 50 years, then reduced by two 13 for 46 to 50 years, then reduced by two 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 60 years, M 7 for 61 to 65 years and M-5 for 66 to 70 years. 9. 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 Seth 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; (B) Selection of multiplier depending (B) Selection of multiplier depending on age of deceased; Age 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; (E) Future prospects for all categories of persons and (E) for different Future prospects for all categories of persons and for different employed or fixed salary. ages: with permanent job; self-employed or fixed salary. ages: with permanent job; self 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: TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -5- “52. As far as the conventional heads are concerned, we find conventional heads are concerned, we find t has it difficult to agree with the view expressed in Rajesh². It has it difficult to agree with the view expressed in Rajesh². I granted Rs.25,000 towards funeral expenses, Rs 1,00,000 granted Rs.25,000 towards funeral expenses, Rs 1,00,000 granted Rs.25,000 towards 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 Devi, it does not seem to follow the same. The to Santosh Devi, it does not seem to 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 antified. Any quantification must have a heads have to be quantified. Any quantification must have a antified. Any quantification must have a 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 been a thumb rule in this oblivious to the same. There has been a thumb rule in this oblivious to the same. There has aspect. Otherwise, aspect. Otherwise, aspect. Otherwise, there will be extreme difficulty there will be extreme difficulty there will be extreme difficulty in in in 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 the tribunals as a consequence of which, the orders passed by the tribunals as a consequence of which, the orders passed by and courts are likely to be unguided. Therefore, we think it and courts are likely to be unguided. Therefore, we think it and courts are likely to be unguided. Therefore, we think it
Legal Reasoning
. 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 e, "consortium" is a compendious consortium. In legal parlance, "consortium" is a compendious consortium. In legal parlanc 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, loss to his solace and affection of the deceased, which is a loss to his solace and affection of the deceased, which is a family. With respect to a spouse, it would include sexual family. With respect to a spouse, it would include sexual family. With respect 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". is the right of the parents to 21.3. Filial consortium 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. . 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 TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -8- 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. 23. The Motor Vehicles Act is a beneficial legislation aimed at . 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 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 11. 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 claimants are entitled to is modified accordingly. The appellants-claimants are entitled to is modified accordingly. The appellants 23.07.2005 is modified accordingly. The appellants enhanced compensation as per the calculations made here-under:- enhanced compensation as per the calculations made here enhanced compensation as per the calculations made here TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -9- Sr. No. Heads Compensation Awarded Compensation Awarded Monthly Income 1 Monthly Income Deduction towards personal 2 Deduction towards personal expenditure (1/3rd) expenditure (1/3 Rs.2100/- Rs.700/- (1/3rd of 2100) 3 Total Income Total Income Rs.1400/- (2100-700) Multiplier 4 Multiplier 7 Annual Dependency 5 Annual Dependency (1400 x 12 x 7) Rs.1,17,600/- (1400 x 12 x 7) 6 7 8 Loss of Estate Loss of Estate Funeral Expenses Funeral Expenses Loss of Consortium Loss of Consortium Parental : Rs.48,000/ Parental : Rs.48,000/- x 2 Spousal : Rs.48,000/- Spousal : Rs.18,000/- Rs.18,000/- Rs.1,44,000/- Total Compensation Total Compensation Rs.2,97,600/- Deduction Deduction Amount awarded by the Tribunal Amount awarded by the Tribunal Amount awarded by the Tribunal Rs.42,000/- Enhanced amount Enhanced amount Rs.2,55,600/- (2,97,600 – 42,000) 12. 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. 13.
Arguments
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 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, .40,000 and Rs.15,000 respectively. Rs.40,000 and Rs.15,000 respectively. .40,000 and Rs.15,000 respectively. The principle of 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 enhanced on percentage basis in every quantified should be enhanced on percentage basis in every enhanced on percentage basis in every 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. * * * * * TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -6- ng the income, an addition of 50% of 59.3. While determining the income, an addition of 50% of ng 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 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 In 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 In 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 of the established income should be salary, an addition of 40% of the established income should be of the established income should be 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 ed as the necessary age of 50 to 60 years should be regarded as the necessary age of 50 to 60 years should be regard method of computation. The established income means the method of computation. The established income means the method 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 30 to 32 of Sarla Verma which we have be guided by paras 30 to 32 of Sarla Verma which we have 30 to 32 of Sarla Verma which we have reproduced hereinbefore. The selection of multiplier shall be as indicated in the 59.6. 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. . Reasonable figures on conventional heads, namely, loss of 59.8. Reasonable figures on conventional heads, namely, loss of . Reasonable figures 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.” 10. Hon’ble Supreme Court in the case of Magma General Insurance Hon’ble Supreme Court in the case of Hon’ble Supreme Court in the case of 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 TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -7- Relevant paras of the same are reproduced settled the law regarding consortium. Relevant paras of the same are reproduced Relevant paras of the same are reproduced settled the law regarding consortium. as under:-
Decision
In view of the above, respondent – In view of the directed to – Insurance Company is directed to deposit the enhanced amount of compensation with the Tribunal deposit the enhanced a within a period of with the Tribunal within a period of two months from the date of receipt of copy of this judgment. The Tribunal is two months from the date of receipt of copy of this judgment. The Tribunal is two months from the date of receipt of copy of this judgment. The Tribunal is two months from the date of receipt of copy of this judgment. The Tribunal is further directed to disburse the amount of compensation along with interest in the further directed to disburse the amount of compensation along with interest in the further directed to disburse the amount of compensation along with interest in the further directed to disburse the amount of compensation along with interest in the TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document FAO-503-2006 (O&M) -10- account of claimants/appellants. The claimants account of claimant directed to furnish s/appellants are directed to furnish his bank account details to the Tribunal. his bank account details to the Tribunal. 14. In views of the order passed in FAO No.1682 of 2007 dated In views of the order passed in FAO No.1682 of 2007 dated In views of the order passed in FAO No.1682 of 2007 dated In views of the order passed in FAO No.1682 of 2007 dated the current 18.07.2024, the insurance company is hereby directed to disburse the current 18.07.2024, the insurance company is hereby directed to 18.07.2024, the insurance company is hereby directed to scheduled fees to Mr. Gaurav Gupta, Advocate within a period of scheduled fees to Mr. days , Advocate within a period of twenty days from the date of receipt of copy of this judgment. from the date of receipt of copy of this judgment. from the date of receipt of copy of this judgment. 15. Pending applications, if any, also stand disposed of. Pending applications, if any, also stand disposed of. Pending applications, if any, also stand disposed of. March 07, 2025 March 07, 2025 tripti (SUDEEPTI SHARMA) (SUDEEPTI SHARMA) JUDGE Whether speaking/non Whether speaking/non-speaking : Speaking speaking : Speaking : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.03.12 10:30 I attest to the accuracy and integrity of this document