Rita Devi Wife of Late Parmanand Tiwari v. Krishna Kumar Singh Son of Mahendra Singh
2025-02-12
GAUTAM KUMAR CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : GAUTAM KUMAR CHOUDHARY, J. The claimants are in appeal for enhancement of compensation awarded in Compensation Case No.94/2009 under Section 166 of the Motor Vehicle Act for a sum of Rs.10,69,000/- with interest @ 6% per annum and also against the finding of contributory negligence against the driver of the motorcycle, Parmanand Tiwary, who died in the accident. 2. As per the case of the claimant, the accident took place on 15.03.2009 when the deceased was riding his motorcycle which met with an accident with Tata 407 mini truck bearing registration No. JH 01Q 7443 being driven rashly and negligently. The deceased was a Contractor with monthly income of Rs.30,000/- and was aged 37 years at the time of accident. 3. The claim case was filed impleading the owner and insurer of the Tata 407 Mini Truck who appeared before the Tribunal and contested the claim. Learned Tribunal recorded a finding that there was contributory negligence on the part of the deceased, who was driving the motorcycle and the truck in the ratio of 20% : 80 %. 4. It is argued by learned counsel on behalf of appellant that the compensation awarded is not in accord with the ratio laid down by the Hon’ble Supreme Court in in the case of National Insurance Company Ltd. vs. Pranay Sethi , reported in (2017) 16 SCC 680 as the loss of income has not been considered and future prospect has been taken to be 30% which should be 40%. Further, the award of compensation under conventional heads is only Rs.20,000/-. 5. It is argued that there were four dependents and the consortium should be computed with respect to each of dependents being spousal consortium, parents consortium and consortium for child. 6. It is argued that in United India Insurance Company Limited Vs. Satinder Kaur & Others, (2021) 11 SCC 780 , Rs.1,20,000/- was allowed as loss of consortium as parental consortium for three children and Rs.40,000/- for spousal consortium. 7. Learned counsel for the Insurance Company submits that ratio laid down by the Hon’ble Supreme Court in National Insurance Company Limited VS Pranay Sethi , 2017 16 SCC 680 , where it has been provided, “59.8. Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 respectively.
Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years”. 8. Considering the ratio as laid down in Pranay Sethi case (supra) the final compensation under the heading of conventional head is increased to Rs. 84,000/-. 9. Further, as the age of the deceased was 37 years therefore, under the head of loss of future prospect, claimant shall be entitled to 40% and not 30% of the compensation amount which will work out to annual income of Rs. 90,000/-+Rs. 36,000/= Rs. 1,26,000. Annual Income Rs. 90,000/- Annual dependency after deducting 1/4th on the living and personal expenses of the deceased Rs. 90,000-Rs 22,500/= Rs. 67,500/- Taking multiplier of 15 for the age of 37 years of the deceased compensation on loss of earning will be Rs. 67,500x15=10,12,500 Future Prospect @ 40% Rs 4,05,000/- Conventional head Rs 84,000/- Total Rs. 15,01,500/- 10. The claimants shall therefore, be entitled to compensation of Rs.15,01,500 with interest @ of 6% per annum on the compensation amount from the date of filing of claim application from the appellant Insurance Company. The Insurance Company is accordingly directed to make payment of the compensation amount to the Tribunal within a month of this order. Amount to be disbursed to the claimants by the Tribunal as per the term fixed by it. Miscellaneous Appeal is allowed. Interlocutory Application, if any, is disposed of.