Case Note & Summary
The present appeals arise out of a motor accident that occurred on 12.05.2018, wherein the deceased Rakesh Maheshbhai Makwana and his wife Ramilaben Rakesh Makwana sustained fatal injuries when a truck bearing registration No.GJ-12-BT-8289, driven rashly and negligently, dashed against their motorcycle. The appellants, being the legal heirs of the deceased, filed Motor Accident Claim Petitions No.600 and 601 of 2018 before the Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad, seeking compensation. The Tribunal partly allowed the claim petitions, awarding compensation based on a notional income of Rs.6,000/- per month for the deceased, without any amount under the head of loss of consortium. Aggrieved by the quantum of compensation, the appellants preferred the present appeals under Section 173 of the Motor Vehicles Act, 1988, on the limited grounds that the Tribunal ought to have assessed the notional income at Rs.9,000/- per month, considering that the deceased-husband was employed at Vishalal Hotel and the deceased-wife was engaged in masonry work, and that the Tribunal erred in not awarding compensation for loss of consortium. The respondent Insurance Company opposed the appeals, contending that the Tribunal's assessment was correct in the absence of evidence of income. The Court, after hearing both sides and perusing the record, observed that the appeals were confined to the aspect of quantum, as liability was not challenged. Regarding the notional income, the Court noted that the claimants failed to produce any documentary evidence to substantiate the alleged income of the deceased. Consequently, the Court held that the Tribunal's assessment of notional income at Rs.6,000/- per month was just and proper, and no interference was warranted on that ground. However, the Court found merit in the contention regarding loss of consortium, as the Tribunal had not awarded any amount under that head. Relying on the principles laid down by the Supreme Court, the Court held that the claimants were entitled to Rs.40,000/- each for loss of consortium. Accordingly, the Court modified the award by adding Rs.40,000/- under the head of loss of consortium in each appeal, while confirming the rest of the award. The appeals were partly allowed, with the enhanced amount to be paid by the Insurance Company with interest at 7.5% per annum from the date of filing of the claim petitions.
Headnote
A) Motor Accident Compensation - Notional Income - Assessment of Income - Motor Vehicles Act, 1988, Section 173 - Appeal against Tribunal's award seeking enhancement of compensation on ground that Tribunal assessed notional income of deceased at Rs.6,000/- per month instead of Rs.9,000/- per month - Claimants alleged deceased-husband worked in hotel and deceased-wife did masonry work but no documentary evidence produced - Court held that in absence of evidence, notional income of Rs.6,000/- per month is just and proper - No interference warranted (Paras 5-10). B) Motor Accident Compensation - Loss of Consortium - Award of Compensation - Motor Vehicles Act, 1988, Section 173 - Tribunal did not award any amount under head of loss of consortium - Court held that claimants are entitled to Rs.40,000/- each for loss of consortium - Award modified accordingly (Paras 11-12).
Issue of Consideration
Whether the Tribunal erred in assessing the notional income of the deceased at Rs.6,000/- per month and in not awarding compensation under the head of loss of consortium.
Final Decision
Both appeals are partly allowed. The notional income of Rs.6,000/- per month is confirmed. The award is modified by adding Rs.40,000/- under the head of loss of consortium in each appeal. The Insurance Company shall deposit the enhanced amount with interest at 7.5% per annum from the date of filing of the claim petitions within eight weeks.
Law Points
- Notional income assessment
- Loss of consortium
- Motor accident compensation
- Enhancement of compensation
