Case Note & Summary
The appellants, parents of the deceased Vishalkumar Chandubhai Parmar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of their 22-year-old son in a motor vehicle accident on 31.05.2023. The deceased was riding a motorcycle when an ST bus driven rashly and negligently on the wrong side collided with him, causing fatal injuries. The Motor Accident Claims Tribunal (Auxi.), Kheda at Kapadwanj, awarded Rs.14,64,000/- with 7.5% interest. Aggrieved by the inadequacy, the claimants appealed under Section 173 of the MV Act. The High Court considered the issues of income assessment, future prospects, multiplier, and consortium. The Court held that the deceased, a BBA student, should be treated as self-employed with a notional income of Rs.12,000 per month, and 40% future prospects added. Applying multiplier 18 (age 22), the loss of dependency was computed at Rs.18,14,400. Each parent was awarded Rs.40,000 for loss of consortium, and Rs.15,000 each for loss of estate and funeral expenses, totaling Rs.19,24,400. The award was enhanced by Rs.4,60,400 with 7.5% interest from the petition date. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation - Future Prospects - Deceased aged 22 years, self-employed BBA student - Held that 40% addition for future prospects is warranted as per Pranay Sethi guidelines (Paras 6-7). B) Motor Accident Claims - Multiplier - Age of deceased - Multiplier of 18 applied based on age of deceased (22 years) as per Sarla Verma case (Para 7). C) Motor Accident Claims - Loss of Consortium - Parents - Held that each parent is entitled to Rs.40,000 for loss of filial consortium, and Rs.15,000 each for loss of estate and funeral expenses (Para 8). D) Motor Accident Claims - Income Assessment - Notional income of Rs.12,000 per month for a BBA student in 2023 - Held that the Tribunal's assessment of Rs.8,000 was low; enhanced to Rs.12,000 (Para 6).
Issue of Consideration
Whether the Tribunal erred in assessing the income of the deceased and in awarding compensation under various heads, particularly future prospects and consortium.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.14,64,000 to Rs.19,24,400. The enhanced amount of Rs.4,60,400 shall carry interest at 7.5% per annum from the date of petition till realization. The respondent ST Corporation is directed to deposit the enhanced amount within eight weeks.
Law Points
- Future prospects for self-employed persons
- Multiplier based on age of deceased
- Loss of consortium for parents
- Conventional heads under Section 168 MV Act
