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Judgment
NAJMI WAZIRI, J. (Oral)
CM APPL. 8875/2020 (fresh by A-1 to A-4 for early hearing)
This application seeks early hearing of the appeal.
For the reasons mentioned in the application, it is allowed.
The application stands disposed-off.
MAC.APP. 421/2018
At joint request, the appeal is taken up for disposal.
This appeal impugns the award of compensation dated 31.07.2017 passed by the learned MACT in MACT No. 34/16, inasmuch as it has not granted 'loss of future prospects' which would be payable to the appellants in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors., (2017) 16 SCC 680.
The deceased being 37 years of age, therefore, an addition of 40% towards ‘loss of future prospects’ ought to be granted to appellants. It is so granted. Additionally, it is contented that non-pecuniary compensation was not granted towards ‘loss of consortium’ and ‘loss of love and affection’, whereas in terms of the dicta of the Supreme Court in Magma General Insurance Co. Ltd. vs. Nanu Ram @ Chuhru Ram & Ors., (2018) 18 SCC 130, each of the claimants are entitled to Rs. 50,000/- and Rs. 40,000/- towards ‘loss of love and affection’ and ‘loss of consortium’ respectively. It is so granted. Secondly, the amounts granted towards ‘loss of estate’ and ‘funeral expenses’ are reduced from 25,000/- each to 15,000/- each, in terms of Pranay Sethi (supra).
A similar relief was granted by this Court in National Insurance Co. Ltd. vs. Lokesh Verma & Ors., MAC. APP. 762-763/2019, decided on 02.09.2019, relying upon the dicta of the Supreme Court in Magma (supra), wherein this Court had awarded compensation towards ‘loss of love and affection’ and ‘loss of consortium’ @ Rs. 50,000/- and Rs. 40,000/- respectively, to each of the claimants. In the aforesaid judgment, it was held as under:
“...
10.The Court would note that in terms of Magma General Insurance Co. Ltd. v. Nanu Ram Alias Chuhru Ram & Ors., 2018 SCC OnLine SC 1546, each of the two claimants would be entitled to an award of compensation at the rate of Rs. 40,000/- and Rs. 50,000/- towards „loss of consortium” and „loss of love and affection” respectively. The impugned order has only awarded Rs. 40,000/- towards „loss of consortium”, same would have to be supplemented by another Rs. 40,000/- towards “loss of consortium” and Rs. 1,00,000/- towards “loss of love and affection” (Rs. 50,000/-x2).”
SLP (Civil) No(s). 25316-25317/2019, against the aforesaid order was dismissed by the Supreme Court on 24.10.2019.
Accordingly, the amounts payable shall be as under:
| S.No. | Particulars | Amount |
|---|---|---|
| 1. | Loss of dependency [Rs. 9,718/- (minimum wages)x12(months)x15(multiplier)x75/100(1/4th deduction towards personal expenses)x140/100(40% towards loss of future prospects)] | Rs. 17,34,642/- |
| 2. | Loss of love and affection [Rs. 50,000 x 4 (claimants)] | Rs. 2,00,000/- |
| 3. | Loss of consortium [Rs. 40,000 x 4 (claimants)] | Rs. 1,60,000/- |
| 4. | Loss of Estate | Rs. 15,000/- |
| 5. | Funeral Expenses | Rs. 15,000/- |
| TOTAL | Rs. 21,24,642/- | |
| Less Rs. 14,89,030/- (amount awarded by learned Tribunal) | Rs. 6,35,612/- | |
The aforesaid amounts, alongwith interest accrued thereon @ 9% per annum from the date of filing of the claim petition till its realization, be deposited before the learned Tribunal within three weeks from the date of receipt of copy of this order, to be released to the beneficiary(ies) of the Award in terms of the scheme of disbursement as specified therein.
The appeal is disposed-off in terms of the above.
A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master.