Case Note & Summary
The present appeal arises from a judgment and award dated 12.05.2016 passed by the Motor Accident Claims Tribunal (Aux.) & 6th Additional District Judge, Limbdi, in M.A.C.P. No. 186 of 2012 (Old M.A.C.P. No.613 of 2002). The claimants, being the husband and children of the deceased Chandrikaba, sought enhancement of compensation for her death in a motor vehicle accident that occurred on 28.01.2002. The deceased was a passenger in a car driven by her husband when a truck bearing registration No. GJ-6-U-7827, driven rashly and negligently, dashed against the car, causing fatal injuries. The Tribunal partly allowed the claim petition, awarding Rs.2,79,540/- with 9% interest, and apportioned negligence between the truck and car in the ratio of 90:10. The claimants appealed, contending that the compensation was inadequate. The High Court examined the issues of notional income, multiplier, and consortium. It held that for a housewife aged 62 years, notional income should be Rs.3,000 per month as per the Second Schedule of the Motor Vehicles Act, 1988, and applied a multiplier of 7 as per Sarla Verma v. DTC. The Court also awarded Rs.40,000 each to the four claimants for loss of consortium, and upheld the 90:10 apportionment of negligence. The total compensation was recalculated as Rs.6,72,000/- with interest at 9% per annum, and the appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Death of Housewife - Notional Income - For a housewife aged 62 years, notional income of Rs.3,000 per month is appropriate as per Second Schedule of Motor Vehicles Act, 1988 - Tribunal erred in taking Rs.1,500 per month - Held that notional income should be Rs.3,000 per month (Para 6). B) Motor Accident Compensation - Multiplier - Age of Deceased - For deceased aged 62 years, multiplier of 7 applies as per Sarla Verma v. DTC - Tribunal applied multiplier of 5 - Held that multiplier of 7 is correct (Para 7). C) Motor Accident Compensation - Loss of Consortium - Claimants entitled to Rs.40,000 each for loss of consortium under head of loss of love and affection - Tribunal awarded only Rs.5,000 - Held that each claimant is entitled to Rs.40,000 (Para 8). D) Motor Accident Compensation - Contributory Negligence - Apportionment of 90:10 between truck and car upheld - No evidence to show negligence of car driver - Held that apportionment is correct (Para 10).
Issue of Consideration
Whether the compensation awarded by the Tribunal for the death of a housewife is just and proper, and whether the apportionment of negligence between the truck and car was correct.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.2,79,540/- to Rs.6,72,000/- with interest at 9% per annum from the date of filing of the claim petition till realization. Apportionment of negligence at 90:10 upheld.
Law Points
- Notional income for housewife
- multiplier for age above 60
- loss of consortium
- contributory negligence
- Motor Vehicles Act
- 1988
