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Judgment
DEEPAK GUPTA, J. (ORAL)
This is an appeal filed by the claimants seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Rewari vide award dated 03.01.2022.
The facts, in brief, are that Sohan Lal lost his life in a motor vehicular accident which took place on 20.10.2019. His widow, two children and widowed mother instituted a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), seeking compensation from the driver, owner and insurer of the offending vehicle. The learned Tribunal awarded a sum of ₹16,92,400/- in favour of the claimants, payable by the respondents jointly and severally, along with interest.
Learned counsel for the appellants has raised two contentions. Firstly, it is submitted that the learned Tribunal has awarded compensation towards loss of consortium only to one claimant, whereas the widow, two children and widowed mother of the deceased are each entitled to compensation under the said head in view of the principles laid down by the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi and others, (2017) 16 SCC 680, read with Magma General Insurance Company Ltd. v. Nanu Ram @ Chuhru Ram and others, (2018) 18 SCC 130.
Secondly, it is contended that there is a computational error in assessing the loss of dependency. Learned counsel fairly concedes that the notional income of the deceased was rightly taken at ₹9,000/- per month and that 40% was correctly added towards future prospects. However, after making the permissible deduction of one-fourth towards personal expenses, the monthly contribution to the family ought to have been assessed at ₹9,450/- instead of ₹8,450/-.
Learned counsel appearing for respondent No.3-insurer could not dispute the aforesaid contentions and submits that, on the basis of the applicable legal principles, the compensation may be enhanced.
I have considered the submissions advanced by learned counsel for the parties and have gone through the record.
There is no dispute that the deceased left behind his widow, two children and widowed mother. The law relating to consortium stands settled by the judgments of the Hon'ble Supreme Court in Pranay Sethi (supra) and Magma General Insurance Company Ltd. (supra). Each of the aforesaid claimants, being a spouse, children or parent of the deceased, is entitled to consortium in accordance with the principles laid down therein.
Consequently, an amount of ₹40,000/- each is awarded towards consortium to the widow, two children and widowed mother, aggregating to ₹1,60,000/-. Since the learned Tribunal had already awarded ₹40,000/- under this head, the claimants are entitled to an enhancement of ₹1,20,000/- towards consortium.
As regards loss of dependency, the monthly income of the deceased has rightly been taken at ₹9,000/-. After addition of 40% towards future prospects, the monthly income comes to ₹12,600/-. Upon deduction of one-fourth towards personal and living expenses, the monthly contribution to the family comes to ₹9,450/-. The annual dependency would, therefore, be ₹1,13,400/- (₹9,450 × 12). Applying the multiplier of 16, the loss of dependency is reassessed at ₹18,14,400/-.
The compensation payable to the claimants is, accordingly, reassessed as under:
| Head of compensation | Amount |
|---|---|
| Loss of dependency | ₹18,14,400/- |
| Loss of consortium | ₹1,60,000/- |
| Loss of estate | ₹15,000/- |
| Funeral expenses | ₹15,000/- |
| Total | ₹20,04,400/- |
The learned Tribunal had awarded a total compensation of ₹16,92,400/-. The claimants are, therefore, entitled to an enhancement of ₹3,12,000/- (₹20,04,400/- − ₹16,92,400/-).
The enhanced amount shall carry interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of actual realisation. The liability of the respondents shall remain joint and several; however, respondent No.3-insurer shall have the primary obligation to satisfy the award, subject to the terms of the insurance policy and its statutory liability under the Act.
Consequently, the appeal is allowed. The compensation awarded by the learned Motor Accident Claims Tribunal, Rewari vide award dated 03.01.2022 is enhanced from ₹16,92,400/- to ₹20,04,400/-, resulting in an enhancement of ₹3,12,000/-. The enhanced amount shall carry interest at the rate of 7.5% per annum from the date of filing of the claim petition till actual realisation.
The award dated 03.01.2022 stands modified to the aforesaid extent. The appeal is disposed of accordingly.
All pending miscellaneous application(s), if any, stand disposed of.