Case Note & Summary
The present appeal arises from a judgment and award dated 30.03.2016 passed by the Motor Accident Claims Tribunal (Aux.), Bhuj at Kuchchh, in M.A.C.P. No. 461 of 2010, whereby the Tribunal partly allowed the claim petition and awarded Rs. 4,17,500/- with 9% interest. The appellants, being the original claimants (husband and son of the deceased), sought enhancement of compensation. The deceased, Ms. Jamilabai Mohammedkhan, aged 45 years, died in a vehicular accident on 30.07.2010 when she fell from a utility vehicle driven rashly by respondent No.1. The Tribunal assessed the notional income at Rs. 3,000/- per month, applied multiplier of 14, deducted 1/3rd towards personal expenses, and awarded Rs. 3,36,000/- for loss of dependency, Rs. 15,000/- for loss of consortium, Rs. 5,000/- for funeral expenses, and Rs. 1,500/- for loss of estate. The High Court held that the Tribunal erred in not adding future prospects (40% as per Pranay Sethi) and in awarding inadequate consortium (should be Rs. 40,000/- per claimant as per Magma General Insurance). The court recalculated compensation: notional income Rs. 3,000/- + 40% future prospects = Rs. 4,200/-, minus 1/3rd personal expenses = Rs. 2,800/-, multiplied by 12 and 14 = Rs. 4,70,400/- for loss of dependency; Rs. 80,000/- for loss of consortium (two claimants); Rs. 15,000/- for funeral expenses; Rs. 15,000/- for loss of estate; total Rs. 5,80,400/-. The court allowed the appeal, enhancing compensation to Rs. 5,80,400/- with 9% interest from the date of petition till realization, and directed the insurance company to deposit the enhanced amount within eight weeks.
Headnote
A) Motor Accident Claims - Negligence - Rash and negligent driving - The accident occurred due to the driver losing control of the vehicle at excessive speed, causing the deceased to fall and succumb to injuries - The Tribunal's finding of negligence was not challenged - Held that the driver's negligence was established (Paras 2-3). B) Motor Accident Claims - Compensation - Future Prospects - The deceased was a housewife aged 45 years, and the Tribunal erred in not adding future prospects - Following National Insurance Co. Ltd. v. Pranay Sethi, 40% addition is warranted - Held that the compensation should be enhanced accordingly (Paras 5-6). C) Motor Accident Claims - Compensation - Consortium - The Tribunal awarded only Rs. 15,000/- towards loss of consortium, which is inadequate - Following Magma General Insurance Co. Ltd. v. Nanu Ram, each claimant is entitled to Rs. 40,000/- for loss of consortium - Held that the compensation for consortium be enhanced (Paras 7-8). D) Motor Accident Claims - Compensation - Interest Rate - The Tribunal awarded interest at 9% per annum, which is just and proper - No interference required (Para 9).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the appellants are entitled to enhancement.
Final Decision
The appeal is allowed. The impugned judgment and award is modified. The appellants are entitled to total compensation of Rs. 5,80,400/- with interest at 9% per annum from the date of filing of the claim petition till realization. The insurance company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Negligence
- Compensation
- Future Prospects
- Consortium
- Interest Rate
