Case Note & Summary
The present appeal arises from a motor accident claim petition filed by the legal heirs of Savitaben Pranshankar, who died in a vehicular accident on 19.05.2007. The deceased, aged 75 years, was travelling in a utility jeep when a truck coming from the opposite direction dashed against it, causing her instantaneous death. The claimants, being her dependents, sought compensation of Rs. 5,00,000. The Motor Accident Claims Tribunal (Aux.), Dhrangadhra, partly allowed the claim and awarded Rs. 1,10,000 with 9% interest, applying a multiplier of 3 and deducting 50% for contributory negligence. Aggrieved, the claimants appealed for enhancement. The High Court examined the correctness of the multiplier and the omission of conventional heads. It held that as per Sarla Verma v. DTC, for a deceased aged 75 years, the appropriate multiplier is 5, not 3. The court also applied the principles from National Insurance Co. Ltd. v. Pranay Sethi, awarding Rs. 15,000 for loss of estate, Rs. 15,000 for funeral expenses, and Rs. 40,000 for loss of consortium. No addition for future prospects was made as the deceased was above 60 years. The court did not interfere with the Tribunal's finding of 50% contributory negligence as no cross-appeal was filed. The total compensation was recalculated as follows: monthly income Rs. 2,000 (tailoring) + Rs. 3,000 (pension) = Rs. 5,000; annual income Rs. 60,000; after deducting 1/3rd for personal expenses, annual dependency Rs. 40,000; applying multiplier 5 gives Rs. 2,00,000; deducting 50% contributory negligence leaves Rs. 1,00,000; adding conventional heads of Rs. 70,000 totals Rs. 1,70,000. The court allowed the appeal in part, enhancing compensation to Rs. 1,70,000 with 9% interest from the date of petition.
Headnote
A) Motor Accident Claims - Compensation for Death - Multiplier for Aged Deceased - For a deceased aged 75 years, multiplier of 5 should be applied as per Sarla Verma v. DTC - Tribunal erred in applying multiplier of 3 - Held that multiplier of 5 is appropriate for age group of 70-75 years (Paras 7-8). B) Motor Accident Claims - Compensation for Death - Conventional Heads - As per National Insurance Co. Ltd. v. Pranay Sethi, claimants are entitled to Rs. 15,000 for loss of estate, Rs. 15,000 for funeral expenses, and Rs. 40,000 for loss of consortium - Tribunal failed to award these - Held that these amounts must be added (Paras 9-10). C) Motor Accident Claims - Compensation for Death - Future Prospects - For a deceased aged 75 years, no addition for future prospects is permissible as per Pranay Sethi - Held that future prospects cannot be added for self-employed persons above 60 years (Para 8). D) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Tribunal found contributory negligence of both drivers at 50:50 - No cross-appeal by respondents - Held that apportionment is not interfered with (Para 11).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the Tribunal erred in applying multiplier of 3 instead of 5 and in not awarding compensation under conventional heads.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The appellants are entitled to total compensation of Rs. 1,70,000 with interest at 9% per annum from the date of filing of the claim petition till realization. The respondents are jointly and severally liable to pay the compensation. The award is modified accordingly.
Law Points
- Motor Accident Claims
- Compensation for Death
- Multiplier for Aged Deceased
- Conventional Heads
- Future Prospects
- Contributory Negligence
- Apportionment of Liability
