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2022 DIGILAW 642 (SC)

Riya Munjal v. Tahir Hussain Khan

2022-04-20

HRISHIKESH ROY, K.M.JOSEPH

body2022
ORDER 1. Leave granted. 2. The appellants are the claimants under Section 166 of the Motor Vehicles Act, 1988. Motor Accident Claims Tribunal granted compensation of Rs. 25,26,370/-. The High Court by the impugned order has enhanced it and fixed the compensation at Rs. 26,49,954/-. 3. We have heard learned counsel for the appellant and learned counsel for the Insurer of Tempo. 4. This is a case where the respondent-Insurer is made liable and there is no dispute regarding liability of the Insurer. Learned counsel for the appellants would contend that the High Court should not have decreased the income by excluding the income finding mention in the Income Tax Returns under the head Income from Other Sources. The reasoning of the High Court is that the said item of the income will continue even after the death of the person in ified respect of whom the claim is made. We do not see any reason to upset the said finding. 5. Learned counsel for the appellants would point out that two children ought to have been granted Rs.40,000/- (Rupees Forty Thousand) each under the head of loss of consortium as was given to the wife of the deceased. We see merit in this contention. Accordingly, we allow the appeals and modify the impugned order as follows: 6. The appellants are entitled to get Rs.80,000/- (Rs. 40,000 X 2) towards loss of consortium qua one son and one daughter of the deceased. The said amount will carry interest at the rate of 6 per cent per annum from the date of the claim petition. Accordingly, the appeal is partly allowed as above. 7. The respondent-Insurer will deposit the amount as aforesaid within a period of four weeks from today before the Tribunal and the appellants are at liberty to withdraw the same.