ORDER : 1. Admit. Issue notice. 2. Service on respondent Nos. 1 & 2 is dispensed with at the risk of the appellants. 3. Learned counsel Mr. A.K. Dhadhich has put in appearance for respondent No. 3 Insurance Company. Service is hence, complete. 4. Both the counsels unanimously submitted that the appeal be finally heard at this stage itself. 5. The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment dated 25.07.2011 passed by the Motor Accident Claims Tribunal, Barmer in MAC Case No. 190/2008. The learned Tribunal, vide impugned judgment dated 25.07.2011 awarded a sum of Rs. 5,31,600/- in favour of the claimants alongwith interest @ 9% per annum from the date of filing of claim petition i.e. 20.09.2008. 6. Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 25.07.2008, Tilokaram was driving a mini truck bearing registration No. RJ-04-G -1843 from Barmer to Dhorimana on National Highway 15. The truck of respondent No. 1 bearing registration No. RJ-04-GA-2129 was parked negligently in the middle of the highway without any indicators. At about 11:00 pm, due to the flickering of the lights, Tilokaram could not see the truck parked on the highway and the mini truck collided into the parked truck. Unfortunately, Tilokaram and second driver Khimaram succumbed to the injuries. An FIR pertaining to the accident was lodged at Police Station Dhorimana, District Barmer. The offending vehicle, on the date of accident, was insured with respondent No. 3- Insurance Company. 7. The appellants-claimants are the dependants of deceased Khimaram. The claimants claimed compensation to the tune of Rs. 29,75,000/-. However, the learned tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs. 3,000/- awarded total compensation of Rs. 5,31,600/- in favour of the claimants-appellants, the breakup of which is an under: 1. Income per month (after deduction towards personal expenses (1/5) in the monthly income of Rs. 3000/-) Rs. 2,400/- 2. Loss of Annual Income (as per the age of the deceased i.e. less than 25 years, multiplier of 17) 2,400 x 12 x 17 = Rs. 4,89,600/- 3. Under the head of ‘consortium’ 5,000 x 8 = Rs. 40,000/- 4. Under the head of ‘Funeral expenses’ Rs.
3000/-) Rs. 2,400/- 2. Loss of Annual Income (as per the age of the deceased i.e. less than 25 years, multiplier of 17) 2,400 x 12 x 17 = Rs. 4,89,600/- 3. Under the head of ‘consortium’ 5,000 x 8 = Rs. 40,000/- 4. Under the head of ‘Funeral expenses’ Rs. 2,000/- 5. Total amount of compensation awarded by the Tribunal Rs. 5,31,600/- Learned Tribunal also awarded interest @ 9% per annum from the date of filing of the claim petition. 8. Averring the compensation to be meagre, the claimants appellants have preferred the present appeal. Learned counsel for the appellants raised the following grounds: (i) Firstly, the learned Tribunal erred in omitting to take into consideration the future prospects of the deceased while computing the loss of income which is in total contravention to the principles/guidelines as laid down in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors. (2017) 16 SCC 680 . (ii) Secondly, learned Tribunal erred in applying a multiplier of 17 only whereas keeping into consideration the age of the deceased, i.e. 24 years, a multiplier of 18 ought to have been applied in terms of the guidelines as set out in the case of Sarla Verma and Ors. Vs. Delhi Transport Corporation and Ors. (2009) 6 SCC 121 . (iii) Thirdly, the learned Tribunal committed a significant error by awarding insufficient compensation qua the other conventional heads. (iv) Lastly, awarding interest @ 9% per annum is also erroneous as the Hon’ble Apex Court as well as this Court have consistently awarded interest @12% and in certain cases even @ 15%. 9. Heard learned counsel for the parties and perused the material available on record. 10. Keeping into consideration the settled position of law regarding the consideration of the deceased's future potential, the multiplier linked to the deceased's age and the deduction from the deceased's income qua personal expenses, this Court draws upon the precedent set in the case of Sarla Verma (supra) and concludes that compensation qua the future prospects of the deceased will be at the rate of 40% and the multiplier corresponding to the age of the deceased i.e. less than 25 years as on the date of accident will be 18. 11.
11. Regarding the amount to be awarded under the head of consortium, the Hon’ble Apex Court in the case of Pranay Sethi (supra) has fixed the amount payable under the conventional heads, namely, loss of estate, loss of consortium and funeral expenses to be Rs. 15,000/- or Rs. 40,000/- and Rs. 15,000/- respectively. 12. Further, the Hon’ble Apex Court in the case of Magma General Insurance Co. Ltd. Vs Nanu Ram Alias Chuhru Ram, (2018) 18 SCC 130 interpreted ‘consortium’ to be a compendious term, which encompasses spousal consortium, parental consortium as well as filial consortium. 13. Therefore, this Court is of the opinion that the amount of Rs. 40,000/- is to be awarded under the head of ‘loss of consortium’ to each of the dependants. Further, the said amount deserves to be enhanced at the rate of 10% every three years from the date of judgment of Pranay Sethi (Supra) i.e. 2017 and therefore, the amount to be awarded under the head ‘loss of consortium’ would be Rs. 48,000/-. 14. On the above analysis, the amount under the conventional heads, after enhancement, is modified as under: Loss of estate Rs. 15,000/- Loss of consortium Rs. 48,000/- to each dependant Funeral expenses Rs. 15,000/- 15. Consequently, the present appeal is partly allowed and the impugned judgment & award dated 25.07.2011 passed by the Motor Accident Claims Tribunal, Barmer in MAC Case No. 190/2008 is modified to the extent that the appellants-claimants shall be entitled to the following compensation: 1. Income per month (after addition of future prospects (40%) and deduction for personal and living expenses (1/5) in the monthly income of Rs. 3,000/-) Rs. 3,360/- 2. Loss of Annual Income (as per the age of deceased i.e. less than 25 years, multiplier of 18) 3,360 x 12 x 18 = Rs. 7,25,760/- 3. Under the head of ‘Consortium’ 8 x 48,000 = Rs. 3,84,000 4. Under the heard of ‘Loss of estate’ Rs. 15,000 5. Under the head of ‘Funeral expenses’ Rs. 15,000/- 6. Total amount of compensation Rs. 11,39,760/- 7. Amount awarded by Tribunal Rs. 5,31,600/- 8. Enhanced amount of compensation Rs. 11,39,760/- - Rs. 5,31,600/- [Rs. 6,08,160/-] 16. The amount awarded vide this judgment qua the head of consortium shall not carry any interest as it already comprises a 10% increase for every three years and has been computed to be Rs. 48,000/-. 17.
11,39,760/- 7. Amount awarded by Tribunal Rs. 5,31,600/- 8. Enhanced amount of compensation Rs. 11,39,760/- - Rs. 5,31,600/- [Rs. 6,08,160/-] 16. The amount awarded vide this judgment qua the head of consortium shall not carry any interest as it already comprises a 10% increase for every three years and has been computed to be Rs. 48,000/-. 17. The enhanced amount, excluding the amount of consortium, shall carry interest @ 6% from the date of filing of the claim petition till the actual payment is made. The respondent insurance company is directed to deposit the award amount (if not deposited yet) and the enhanced amount of compensation with the Tribunal within a period of two months from the date of receipt of the copy of this order, failing which, the same shall carry interest @ 7.5% per annum from the date of this order till actual realization. Upon deposition, the learned Tribunal is directed to disburse the same to the claimants in terms of the award. 18. All pending applications, if any, stand disposed of.