5.1 We are of the opinion that the claimants shall be entitled
to a sum of Rs.1 lakh each instead of Rs.50,000/ as awarded
by the High Court for loss of foetus.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7629 of 2022
Shiv Kumar & Ors. Vs Gainda Lal & Ors.
Hon'ble Judges/Coram:
M.R. Shah and M.M. Sundresh, JJ.
Author: M. R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 07.03.2019 passed by the High
Court of Punjab and Haryana at Chandigarh in First Appeal
No.854 of 2014, the original claimants have preferred the
present appeal to enhance the amount of compensation.
2. That the wife of the appellant no.1 died in a vehicular
accident. At the relevant time, the deceased was aged 25
years and was a housewife. The Motor Accident Claim
Tribunal awarded Rs.19,12,200/ with the interest at the rate
of 7.5% towards the compensation under different heads. The
Learned Tribunal awarded the loss of dependency at
Rs.3,24,000/ considering the income of the deceased at
Rs.1,500/ per month. As at the relevant time the deceased
was pregnant, the learned Tribunal also awarded Rs.50,000/
for foetus. Learned Tribunal awarded Rs.19,12,200/ under
different heads:
Head of Claim MACT
Income 1500/pm
Future Prospect
Loss of Dependency
(Annual Income after
adjusting deductions and
future prospects *Multiplier)
Rs.3,24,000/
Medical expenses Rs.15,18,000/
For Fetus Rs.50,000
Loss of Consortium
Or
10,000 + 10,000
Loss of Love and affection
Conventional Head
(Funeral Expense and Loss of
Estate)
20,000
Award 19,12,200 @ 7.5%
2.1 In an appeal at the instance of the original claimants, by
the impugned judgment and order the High Court has
enhanced the amount of compensation at Rs.29,34,000/
under different heads:
Head of Claim MACT High Court
Income 1500/pm 6000/pm
notional
Future Prospect
Loss of Dependency
(Annual Income
after adjusting
deductions and
future prospects
*Multiplier)
Rs.3,24,000/
Rs.12,96,000/
Medical expenses Rs.15,18,000/ Rs.15,18,000/
For Fetus Rs.50,000 Rs.50,000/
Loss of Consortium
Or
Loss of Love and
affection
10,000 + 10,000
Conventional Head
(Funeral Expense
and Loss of Estate)
20,000 70,000
Award 19,12,200 @
7.5%
29,34,000 @
7.5%
2.2 Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the High Court, the original
claimants have preferred the present appeal.
3. Learned counsel appearing on behalf of the appellants
original claimants has vehemently submitted that the High
Court has committed a serious error in awarding the loss of
dependency considering the income of the deceased at
Rs.6,000/ per month only. It is submitted that even the
minimum wages payable to the skilled worker was much more
than Rs.6,000/ per month. It is submitted that even
otherwise while awarding the loss of dependency, future
prospect has not been taken into consideration at all.
3.1 It is submitted that the High Court has also erred in
awarding Rs.50,000/ towards foetus. It is submitted that the
claimants shall be entitled to a sum of Rs.40,000/ each
towards loss of consortium or loss of love and affection.
Therefore, it is prayed to allow the present appeal.
4. Shri Vishnu Mehra, learned counsel appearing on behalf
of the contesting respondents – Insurance Company has
submitted that in the facts and circumstances of the case and
more particularly when the deceased was only a housewife, it
cannot be said that the High Court has committed any error in
awarding the loss of dependency considering the income of the
deceased at the rate of Rs.6,000/ per month. However, has
fairly conceded that the High Court ought to have awarded the
loss of dependency considering future prospects.
5. Having heard learned counsel appearing on behalf of the
respective parties and considering the fact that at the relevant
time the deceased was a housewife aged 25 years only and
there was contribution of the wife in the family and there is
evidence that she was also doing the tuition work, we are of
the opinion that the High Court ought to have considered the
income of the deceased at least Rs.7,500/ per month. The
High Court has also not considered the future prospects. As
per the settled position of law while considering the loss of
dependency 40% of the income is required to be added
towards future prospects.
5.1 We are of the opinion that the claimants shall be entitled
to a sum of Rs.1 lakh each instead of Rs.50,000/ as awarded
by the High Court for loss of foetus.
5.2 The claimants – husband and the minor son shall also be
entitled to Rs.40,000/ each towards loss of consortium or
loss of love and affection.
5.3 To the aforesaid extent the impugned judgment and order
passed by the High Court is required to be modified.
6. In view of the above and for the reason stated above,
present appeal is allowed. The impugned judgment and order
passed by the High Court is hereby modified and it is directed
that the appellants original claimants shall be entitled to a
total sum of Rs.32,82,000/ with interest at the rate of 7.5%
per annum.
Present appeal is accordingly allowed to the aforesaid
extent. However, in the facts and circumstances of the case
there shall be no order as to costs.
………………………………….J.
[M.R. SHAH]
NEW DELHI; ….…………………………….J.
OCTOBER 21, 2022. [M.M. SUNDRESH]
No comments:
Post a Comment