Case Note & Summary
The Supreme Court enhanced the compensation awarded to the dependents of Sobran Singh who died in a motor accident at age 33. The Court reassessed the deceased's monthly income at Rs. 8,000/- (Rs. 6,000/- from stone crusher employment and Rs. 2,000/- from agricultural activities), applied a multiplier of 16, reduced personal expense deduction to 1/5th due to seven dependents, added 40% future prospects, and awarded separate amounts under conventional heads. The total compensation was increased from Rs. 9,20,500/- awarded by the High Court to Rs. 11,42,680/- with 7% interest from the date of the claim petition.
Headnote
Motor Vehicles Act, 1988-- Section 166-- Fatal accident-- Claim for compensation filed by widow, four minor children and parents of deceased-- Award of compensation-- Dissatisfaction-- Appeal filed by claimants before high court for enhancement of compensation--Deceased was aged 33 years old at the time of accident-- Deceased was serving as stone crusher and also earning from agricultural activities-- Amount of compensation enhanced by high court-- Still Dissatisfaction-- Appeal filed by claimants for further enhancement of compensation before supreme court-- Income from salary of deceased assessed at Rs 6000/- per month and Rs 2000/- pm income assessed from agricultural activities-- Total income assessed at Rs 8000/- pm as no evidence of income produced on record-- Case of Pranay Sethi (Supra) referred-- Multiplier of 16 applied instead of 15 applied by High court-- Total number of 7 dependents of deceased-- Deduction towards personal expenses of deceased assessed at 1/5th- Amount of compensation enhanced at Rs 70,000/- under pecuniary heads-- Amount of consortium awarded at Rs 40000/--- Funeral expenses awarded at Rs 15,000/- -- Interest awarded at 7%-- Amount of compensation enhanced-- Amount of compensation apportioned 75% in favour of widow and children and 25% in favour of parents of deceased-- Award modified- Appeal allowed Para-- 3.2, 5.1, 5.2, 5.3, 5.4, 5.5, 6, 6.1
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Issue of Consideration: Whether the compensation awarded by the High Court required further enhancement under various heads including income assessment, multiplier application, and conventional amounts
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Final Decision
The Supreme Court allowed the appeal and enhanced the total compensation to Rs. 11,42,680/- with 7% interest from the date of filing of claim petition -- The Court directed the enhanced amount to be paid to the appellants within eight weeks
