Case Note & Summary
The appellant, Mrs. Lila Agnes Fernandes alias Leena Mascarenhas, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of her husband, Jose Francisco Mascarenhas, in a motor accident on 23.11.2001. The deceased was riding a Kinetic scooter with the appellant as pillion when a tanker driven rashly by respondent no.1 hit them, causing the death of the deceased and another person. The Motor Accident Claims Tribunal, Panaji, partly allowed the claim and awarded Rs.2,01,500/- with interest at 9% per annum on Rs.79,100/-. The appellant appealed for enhancement. The High Court considered the issues of multiplier, future prospects, and income. The Tribunal had applied a multiplier of 12 for the deceased aged 33, but the High Court corrected it to 15 as per Sarla Verma. The Tribunal had not added future prospects; the High Court added 50% as per Rajesh v. Rajbir Singh. The income of Rs.2,200/- per month was upheld. The Court recalculated compensation: annual income Rs.26,400/-; after adding 50% future prospects, Rs.39,600/-; deducting 1/3rd for personal expenses, Rs.26,400/-; applying multiplier 15, loss of dependency Rs.3,96,000/-; adding Rs.10,000/- for loss of consortium, Rs.5,000/- for funeral expenses, and Rs.2,500/- for loss of estate, total Rs.4,13,500/-. The award was enhanced from Rs.2,01,500/- to Rs.4,13,500/- with interest at 9% per annum on the enhanced amount from the date of petition till payment. The appeal was allowed.
Headnote
A) Motor Accident Claims - Compensation - Multiplier - The Tribunal applied multiplier of 12 for a 33-year-old deceased, but the High Court held that as per Sarla Verma v. DTC, (2009) 6 SCC 121, the correct multiplier for age 33 is 15. The Court enhanced the multiplier accordingly. (Paras 5-6) B) Motor Accident Claims - Future Prospects - The Tribunal did not add future prospects to the income of the deceased. Following Rajesh v. Rajbir Singh, (2013) 9 SCC 54, the Court held that 50% addition for future prospects is warranted for a self-employed person aged 33. (Para 7) C) Motor Accident Claims - Income Assessment - The Tribunal assessed the deceased's income at Rs.2,200/- per month based on the claimant's testimony. The High Court upheld this finding as no contrary evidence was led. (Para 4) D) Motor Accident Claims - Contributory Negligence - The Tribunal found no contributory negligence by the deceased. The High Court affirmed this finding as the accident was caused solely by the rash driving of the tanker driver. (Para 3)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, particularly regarding the multiplier applied, addition of future prospects, and assessment of income.
Final Decision
The appeal is allowed. The compensation is enhanced from Rs.2,01,500/- to Rs.4,13,500/-. The respondents are directed to pay the enhanced amount with interest at 9% per annum from the date of filing of the petition till payment. The award of the Tribunal is modified accordingly.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Compensation
- Multiplier
- Future Prospects
- Contributory Negligence
- Income Proof
