Case Note & Summary
The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment and award dated 09.03.2021 passed by the Motor Accident Claims Tribunal (Auxi.), Kheda at Nadiad in MAC Petition No.618 of 2018. The case arose from a fatal accident on 01.05.2018, where the deceased Vikramsinh Zala was driving a truck bearing Reg. No.GJ-07-YZ-1507. The opponent no.1 drove a truck bearing Reg. No.GJ-09-Z-4913 in a rash and negligent manner and dashed into the deceased's truck, and opponent no.4 drove a Chhota Hathi bearing Reg. No.GJ-07-UU-6816 and hit the deceased's truck from behind, causing fatal injuries. The claimants sought compensation, and the Tribunal partly allowed the claim but awarded only Rs.70,000 under conventional heads. The appeal was limited to the inadequacy of compensation under three conventional heads: loss of consortium, loss of estate, and funeral expenses. The High Court, relying on the Supreme Court's decision in National Insurance Company Ltd. Vs. Pranay Sethi, held that the Tribunal erred in awarding only Rs.70,000 in total. The Court enhanced the compensation to Rs.70,000 each for loss of consortium, loss of estate, and funeral expenses, totaling Rs.2,10,000, with interest at 6% per annum from the date of the claim petition till realization. The appeal was allowed in part, and the impugned judgment was modified accordingly.
Headnote
A) Motor Accident Claims - Conventional Heads - Enhancement of Compensation - The Tribunal awarded only Rs.70,000 under conventional heads, which was inadequate - Following the principles laid down in National Insurance Company Ltd. Vs. Pranay Sethi, the High Court enhanced the compensation to Rs.70,000 each for loss of consortium, loss of estate, and funeral expenses, totaling Rs.2,10,000 - Held that the claimants are entitled to enhanced conventional damages (Paras 4-5).
Issue of Consideration
Whether the Tribunal erred in awarding inadequate compensation under the conventional heads of loss of consortium, loss of estate, and funeral expenses.
Final Decision
The appeal is partly allowed. The impugned judgment and award dated 09.03.2021 passed by the Motor Accident Claims Tribunal (Auxi.), Kheda at Nadiad in MAC Petition No.618 of 2018 is modified. The claimants are entitled to Rs.70,000 each under the heads of loss of consortium, loss of estate, and funeral expenses, totaling Rs.2,10,000, instead of Rs.70,000 awarded by the Tribunal. The enhanced amount shall carry interest at the rate of 6% per annum from the date of the claim petition till realization. The rest of the award remains unaltered.
Law Points
- Conventional heads in motor accident claims
- Loss of consortium
- Loss of estate
- Funeral expenses
- Enhancement of compensation under Motor Vehicles Act
- 1988
