Case Note & Summary
The appeal was filed by the claimants, the wife and children of the deceased Honnashamaiah, against the judgment and award dated 23rd September 2009 passed by the Motor Accident Claims Tribunal in MVC No.5281/2007. The Tribunal had awarded Rs.4,93,000/- as compensation for the death of Honnashamaiah in a motor vehicle accident. The claimants sought enhancement, claiming the compensation was inadequate. The High Court found that the Tribunal had correctly assessed the notional income of the deceased at Rs.4,500/- per month but erred in applying a multiplier of 11 instead of 13 based on the age of the deceased (51 years) as per the principle in Sarla Verma v. DTC. The court recalculated the loss of dependency as Rs.4,500 x 12 x 13 x 1/3 = Rs.4,68,000/-. Additionally, the court enhanced the compensation for loss of consortium from Rs.10,000/- to Rs.25,000/-, and for loss of estate and funeral expenses from Rs.5,000/- each to Rs.10,000/- each. The total compensation was enhanced from Rs.4,93,000/- to Rs.5,13,000/-, with interest at 6% per annum from the date of petition till deposit. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation - Multiplier - The Tribunal erred in applying multiplier 11 instead of 13 based on the age of the deceased (51 years) as per Sarla Verma v. DTC, (2009) 6 SCC 121 - Held that the correct multiplier is 13 (Para 6). B) Motor Accident Claims - Dependency - Income - The Tribunal assessed the notional income of the deceased at Rs.4,500/- per month, which is just and proper - No interference (Para 5). C) Motor Accident Claims - Loss of Consortium - The Tribunal awarded Rs.10,000/- towards loss of consortium, which is inadequate - Enhanced to Rs.25,000/- (Para 7). D) Motor Accident Claims - Loss of Estate and Funeral Expenses - The Tribunal awarded Rs.5,000/- each, which is inadequate - Enhanced to Rs.10,000/- each (Para 7).
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper, and whether the claimants are entitled to enhancement.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.4,93,000/- to Rs.5,13,000/- with interest at 6% per annum from the date of petition till deposit.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Section 173(1)
- Compensation
- Multiplier
- Dependency
- Loss of Consortium
- Loss of Estate
- Funeral Expenses
