Case Note & Summary
The case arises from a motor accident claim petition filed by the husband and two sons of the deceased Ujwala, who died in a road accident on 23.02.2007. The deceased was riding an Activa scooter when a water tanker driven rashly and negligently by respondent no.1 dashed into her, causing fatal injuries. The deceased was 48 years old, working as a Clerk at Mapusa Urban Bank Ltd., earning Rs. 16,778/- per month. The claimants sought total compensation of Rs. 25,47,000/-. The Motor Accident Claims Tribunal at Mapusa, by judgment dated 14.05.2009, awarded Rs. 13,77,000/- with interest at 7.5% per annum. The appellants (original claimants) appealed for enhancement. The High Court considered the issues of future prospects, multiplier, deduction for personal expenses, and consortium. The court held that 30% of the salary should be added for future prospects as per Sarla Verma v. DTC, applied the correct multiplier of 13, and upheld the 1/3rd deduction for personal expenses. The court enhanced the compensation for loss of consortium from Rs. 5,000/- to Rs. 1,00,000/-, for loss of estate from Rs. 5,000/- to Rs. 10,000/-, and for funeral expenses from Rs. 5,000/- to Rs. 10,000/-. The total compensation was recomputed as Rs. 15,27,000/-, and the appeal was partly allowed with enhanced compensation and interest.
Headnote
A) Motor Accident Claims - Compensation - Future Prospects - Deceased was 48 years old, employed as a Clerk with permanent job - Tribunal erred in not adding future prospects to income - As per Sarla Verma v. DTC, 30% addition for future prospects is warranted for deceased aged 40-50 with permanent job - Held that 30% of salary should be added towards future prospects (Paras 8-10). B) Motor Accident Claims - Compensation - Multiplier - Deceased aged 48 years - Tribunal applied multiplier of 13 - As per Sarla Verma, multiplier for age 46-50 is 13 - Held that multiplier of 13 is correct (Para 11). C) Motor Accident Claims - Compensation - Deduction for Personal Expenses - Deceased had three dependents (husband and two sons) - Tribunal deducted 1/3rd towards personal expenses - As per Sarla Verma, for 2-3 dependents, deduction is 1/3rd - Held that deduction of 1/3rd is proper (Para 12). D) Motor Accident Claims - Compensation - Loss of Consortium - Tribunal awarded Rs. 5,000/- for loss of consortium - As per Rajesh v. Rajbir Singh, Rs. 1,00,000/- should be awarded for loss of consortium to the spouse - Held that appellants are entitled to Rs. 1,00,000/- for loss of consortium (Paras 13-14). E) Motor Accident Claims - Compensation - Loss of Estate and Funeral Expenses - Tribunal awarded Rs. 5,000/- for loss of estate and Rs. 5,000/- for funeral expenses - As per Rajesh, Rs. 10,000/- each is appropriate - Held that amounts are enhanced to Rs. 10,000/- each (Paras 15-16).
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in computing compensation for the death of Ujwala, particularly regarding future prospects, multiplier, and consortium.
Final Decision
Appeal partly allowed. The compensation awarded by the Tribunal is enhanced from Rs. 13,77,000/- to Rs. 15,27,000/-. The enhanced amount of Rs. 1,50,000/- shall carry interest at 7.5% per annum from the date of claim petition till realization. The Insurance Company is directed to deposit the enhanced amount within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Compensation
- Loss of Consortium
- Future Prospects
- Multiplier
- Deduction for Personal Expenses
