Case Note & Summary
The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants and legal heirs of the deceased Champakbhai, challenging the judgment and award dated 28.06.2019 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Deesa, District Banaskantha in Motor Accident Claim Petition No.2919 of 2009. The Tribunal had partly allowed the claim petition and awarded compensation of Rs. 8,22,000. The brief facts are that on 27.11.2005, the deceased was travelling in a Jeep bearing registration No. GJ-2K-10 when two vehicles, a Honda Accord bearing No. HR-18-A-3424 and a Maruti Car bearing No. GJ-8D-9217, came at excessive speed in a rash and negligent manner and dashed into the stationary Jeep, causing the deceased to sustain serious fatal injuries, resulting in his death the next day. The claimants filed the claim petition seeking compensation of Rs. 10 lakh. The Tribunal, after considering evidence, held the drivers of both vehicles equally liable and directed the opponents to jointly and severally pay Rs. 8,22,000. Aggrieved by the inadequacy of compensation, the claimants filed the present appeal limited to the ground of inadequate compensation under conventional heads, as the involvement of vehicles, factum of accident, death, negligence, liability, and insurance coverage were not in dispute. The High Court heard learned advocate Mr. Raxit Dholakia for the appellants, learned advocate Ms. Dimple Thaker for respondent No.2, and learned advocate Ms. Sharmishta Dave for respondent No.4. The court noted that the Tribunal had awarded only Rs. 15,000 for loss of consortium, Rs. 5,000 for loss of estate, and Rs. 2,000 for funeral expenses, which were contrary to the principles laid down by the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi, where the amounts prescribed are Rs. 40,000 for loss of consortium, Rs. 15,000 for loss of estate, and Rs. 15,000 for funeral expenses. Accordingly, the High Court allowed the appeal in part, enhancing the compensation by Rs. 70,000 under these heads, with interest at 6% per annum from the date of petition till realization, and directed the respondents to deposit the enhanced amount within eight weeks.
Headnote
A) Motor Accident Claims - Compensation - Conventional Heads - Enhancement - Appeal under Section 173 of the Motor Vehicles Act, 1988 - Claimants sought enhancement of compensation awarded by Tribunal for death of deceased in motor accident - Tribunal awarded Rs. 8,22,000 but granted only Rs. 15,000 for loss of consortium, Rs. 5,000 for loss of estate, and Rs. 2,000 for funeral expenses - High Court held that as per Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi, claimants are entitled to Rs. 40,000 for loss of consortium, Rs. 15,000 for loss of estate, and Rs. 15,000 for funeral expenses - Accordingly, enhanced compensation by Rs. 70,000 with 6% interest from date of petition (Paras 5-7).
Issue of Consideration
Whether the compensation awarded by the Tribunal under conventional heads is inadequate and requires enhancement.
Final Decision
Appeal allowed in part. The compensation is enhanced by Rs. 70,000 under conventional heads (loss of consortium, loss of estate, and funeral expenses). The respondents are directed to deposit the enhanced amount with interest at 6% per annum from the date of petition within eight weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Compensation for death
- Conventional heads
- Loss of consortium
- Loss of estate
- Funeral expenses
- Pranay Sethi guidelines
