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Judgment
This Misc. Appeal is filed by the appellants/claimants being rd aggrieved of the award dated 14.10.2025 by learned 23 Addl. Motor Accident Claims Tribunal, Bhopal in Claim Case No. 2825 of 2023 on the sole ground that since married daughter Mahak Moolani (Claimant No.4) was also arrayed as one of the claimants, therefore, 1/4th deduction should have been made on account of the living expenses of the deceased Gural Das Gogiya in place of 1/3rd deduction made by learned Claims Tribunal.
In support of this contention, reliance is placed by the learned counsel for the appellant on the decision of Hon'ble Supreme Court in the case of Seema Rani & Ors. Vs. Oriental Insurance Co. Ltd. & Ors. 2025 ACJ 338, where taking married daughter to be also dependent, 1/4th deduction is made.
On the contrary, learned counsel for the respondents submits that the decision on which reliance is placed by learned counsel for the appellant is dated 11.02.2025 but subsequent to that on 13.05.2025 in the case of Deep Shikha & another Vs. National Insurance Company & Ors. 2025 LeviLaw (SC) 561, only 1/3rd dependency has been treated and married daughter is not considered to be dependent on the deceased.
It is true that, there are conflicting decisions, but if we apply the rational of computing dependency, then dependency will be only of those family members who are residing with the deceased/bread earner. Situation would have been different, if the married daughter would have under unfortunate circumstances attained desertion or widowhood and would have become dependent on her father or brother as the case may be i.e. the bread earner of the family, in that case, the deduction could have been made taking into consideration such widow or deserted lady to be dependent on the bread earner and not otherwise.
Therefore, when this reasoning is applied, then, in my opinion, this aspect being not considered by Hon'ble Supreme Court in the case of Seema Rani & Ors. (Supra), the facts of the present case are distinguishable.
In fact, while deciding the case of Seema Rani & ors. (supra), Hon'ble Supreme Court has not taken into consideration its earlier judgment in the case of Manjuri Bera & another Vs. Oriental Insurance Co. Ltd. & another (2007)10 SCC 634 and thus, it is submitted by learned counsel for the respondents that the judgment in the case of Seema Rani & Ors.(supra) is per incuriam.
This Court is conscious of this fact that though the submission of Shri Neekhara, learned counsel for the respondent may sound attractive, but this Court has no authority to declare any judgment of Supreme Court to be per incuriam. Therefore, being guided by the ratio of law laid down by Hon'ble Supreme Court in the case of Deep Shikha & another (supra), where the case of Manjuri Beta & another (supra) has been taken into consideration, this Court is of the considered opinion that learned Claims Tribunal has not erred in making 1/3rd deduction instead of 1/4th towards personal living expenses of the deceased, by not treating the married daughter to be dependent on the deceased, in absence of the aforesaid two circumstances.
Thus, as far as enhancement is concerned, there cannot be any enhancement on the ground of incorrect deduction. However, since the decision in the case of National Insurance Co. Ltd. Vs. Pranay Shetthi (2017) 16 SCC 680 was rendered in the year, 2017 and six years time lapsed when the accident took place in the year, 2023, there will be addition of 10% under the head of loss of consortium and for loss of estate and funeral expenses.
Therefore, when these facts are taken into consideration, then instead of Rs.1,60,000/-, there will be award of Rs.1,93,600/- (One Lakh Ninety Three thousand Six Hundred only) under the head of loss of consortium, making enhancement of Rs.33,600/- (Thirty Three Thousand Six Hundred only) admissible in favour of the claimants. Similarly, a sum of Rs.18,150/- will be payable under the head of funeral expenses and loss of estate. Taking total amount of Rs.36,300/- (Thirty Six Thousand Three Hundred) in place of Rs.30,000/-. Thus, there will be enhancement to the tune of Rs.6,300/- (Six Thousand Three Hundred). Thus, total enhancement to which claimants are entitled will be Rs.39,900/- (Thirty Nine Thousand Nine Hundred only) which will carry interest @ 6% from the date of filing of the claim case till the date of actual payment.
In above terms, this Misc. Appeal is allowed in part and disposed of.