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Civil · Reportable judgment

Kunjan Sadana & Anr. vs Mahesh Kumar & Ors.

Court
Supreme Court of India
Date
10 December 2019
Case No.
Civil Appeal No. 9312 of 2019
Result
Allowed
Bench
S. Abdul Nazeer, Sanjiv Khanna
Citation
[2019] 17 S.C.R. 1128 : 2019 INSC 1348
Supreme Court Reports [2019] 17 S.C.R. 1128 : 2019 INSC 1348
Headnote

Motor Vehicles Act, 1988:

Fatal accident – Of a 19 years old bachelor – Caused by motor vehicle – Claim for compensation by mother and brother of deceased – Compensation awarded by Tribunal and High Court by using multiplier of 15 on the basis of the age of claimant/mother – Appeal to Supreme Court – Held: Multiplier of 15 was wrongly applied by adopting the age of the dependant and not the deceased – High Court was also wrong in not considering future prospects of the deceased – In view of the age of the deceased, an additional 40% of the established income must be added while computing the compensation – Thus, taking the multiplier of 18, considering the future prospects of the deceased, and granting further amount under conventional heads, the compensation amount is further enhanced.

Partly allowing the appeal, the Court

HELD: 1. The High Court while enhancing the

compensation, did not consider the future prospects of the deceased. The material on record makes it evident that the deceased was self-employed. As the deceased was aged 19 years, an additional 40% of the established income must be added while computing the compensation. In addition, 50% of the said amount has to be deducted in lieu of his personal expenses that he would have incurred to maintain himself as a bachelor, had he been alive. [Paras 8 and 9] [1131-B-C-E] National Insurance Company Limited v. Pranay Sethi and Others (2017) 16 SCC 680 – followed.

2. The High Court has rightly determined monthly salary of the deceased at Rs. 3,918. In addition, 40% of the actual salary income of the deceased has to be added towards the future prospects of the deceased, as his age was less than 40 years. [Para 12] [1133-E]

3. The High Court applied the multiplier at ‘15’, as it took the age of the mother into consideration, and not that of the deceased. Even if the deceased is a bachelor, his age has to be taken into account to adopt a multiplier. [Para 10] [1131-F-G]

Royal Sundaram Alliance Insurance Company Limited v. Mandala Yadagari Goud and Others (2019) 5 SCC 554- relied on.

Read the full headnote (1 more paragraph)

4. Since the deceased was a bachelor, 50% of his gross income must be deducted towards personal living expenses. Thus, the compensation payable to the claimants towards loss of dependency is Rs. 5,92,488/-(Rs.2,743 x 12 x 18 = Rs. 5,92,488/-). In addition, the claimants are also entitled for a sum of Rs.70,000/- under the conventional heads. Thus, the total compensation payable to the claimants comes to Rs. 6,62,448/. The amount of Rs. 5,02,620/- awarded by the High Court, has to be deducted from the aforesaid amount, therefore, the balance compensation payable to the claimants comes to Rs.1,59,868/-, which is rounded off to Rs. 1,60,000/-. The third respondent/insurance company is directed to deposit a sum of Rs. 1,60,000/- with simple interest at the rate of 7% per annum from the date of the claim petition till the date of deposit. [Paras 12-14] [1132F-H; 1133-A-B]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by S. ABDUL NAZEER, J. 1. Delay condoned. 2. Leave granted. 3. The instant appeal has been filed by the claimants challenging the judgment and order dated 08.08.2017 of the High Court of Delhi, in MAC Appeal No.479 of 2009 wherein the High Court has partly allowed the appeal and consequently enhanced the amount of compensation from Rs 3,72,620/- to Rs 5,02,620/-. The appellants have filed this appeal, seeking further enhancement of the compensation. 4. The appellants are the widowed mother and the younger brother (a minor) of the deceased. The decea
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