Pepi Bai And Ors vs Heera Ram And Ors

The appellants have preferred this appeal seeking enhancement of the compensation awarded vide judgment dated 16.3.2010 passed by Motor Accident Claims Tribunal, Sirohi.

At the outset, learned counsel for the parties submit that there is no dispute regarding factual matrix of the case. The limited objection raised by the counsel for the respondent regarding payment of consortium to the extent of Rs.40,000/- is that as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. ; AIR 2017 SC 5157, the consortium meant only spouse consortium and did not include filial consortium.

In this regard, para (viii) of the judgment in Pranay Sethi's case reads as follows :-

"(viii) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.15,000/-, Rs.40,000/- and Rs.15,000/-respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years."

In view of above, such objection is decided by this Court against the respondent insurance company and the claimants parents shall be entitled to :-

Loss of estate,                          Rs.15,000/-

Loss of consortium                  Rs.40,000/-

Funeral expenses                     Rs.15,000/-

Rs.70,000/-

Thus, learned counsel for the parties were asked to jointly submit the calculation afresh as per the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra), which they have furnished before this Court, which reads as follows:-

Age of the Deceased

31

Multiplier

16

Future Prospects

40%

Deduction on count of Personal Expenses

1/2

Monthly Income of the Deceased

Rs.3,000/-

Monthly Income after adding Future Prospects

Rs.4,200/-

Monthly Income after deducting Personal Expenses

Rs.2,100/-

Yearly Income of the deceased

Rs.25,200/-

Total Income after applying Multiplier

Rs.4,03,200/-

Other Conventional Heads

Rs.70,000/-

Total Compensation

Rs.4,73,200/-

Compensation awarded by Tribunal

Rs.2,02,000/-

Enhanced Compensation

Rs.2,71,200/-

With the consent of learned counsel for the parties and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.2,71,200/- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within two months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made.

The appeal is accordingly disposed of. All pending applications also stand disposed of.