Motor vehicles – Fatal accident – Compensation – Death of wifepillion rider in an accident – Appellants, husband and children of the deceased, sought compensation – Tribunal awarded compensation of Rs.18,81,966/- – Deduction applicable for personal expenses was fixed at 1/3rd, considering the dependent family comprising of the deceased and only two children – Insurance company filed appeal against the award – High Court deleted 50% as future prospects as were accepted by the tribunal and increased income – Correctness: Held: Courts should award just compensation – No reason to differ from High Court’s finding that accident had been caused due to rash and negligent driving of the driver of the bike whose owner is indemnified by the insurance company – Since no employment specified of the husband, he was partially dependent on the income of the deceased, hence the family to be comprised of 4 and deduction for personal expenses would be at 1/4th – No reason to increase the income which was enhanced by the High Court from Rs 7000/- to Rs. 8000/- – Claimant entitled to 40% for future prospects – Medical expenses as accepted by the tribunal based on bills to be granted – In addition to spousal loss of consortium children too entitled at the rate of ₹40,000/- – No scope for loss of love and affection, since already loss of consortium has been awarded – What has been enhanced is only the pro-rata amounts under the conventional heads, while the percentage adopted for future prospects and the deduction for personal expenses have been reduced – Modified award of Rs.17,84,766/- by this Court, does not exceed that granted by the tribunal. [Paras 7-10]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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