Gaurav Rai Arora and Anr v. Sunil Kumar @ Sonu and Ors

accident. responden

It has been further alleged th nt No.2 and insured with respond 1) Whether the accident of Smt. Raj Rani, was cau driving of Tata Indica Car N respondent No.1 as alleged? O 2) If issue No.1 is p compensation the petitioners OPP 3) Whether respondent N effective driving licence at th 4) Relief.

regarding the said hat the said car was owned by dent No.3. in question resulting into death used due to rash and negligent No.DL-4CU-1454 by its driver OPP proved to what amount of are entitled to and from whom? No.1 was not holding a valid and he time of accident? OPR - d y h t r f ? d

Jasbir Si

08.11.202 notional i reproduce

ingh and Another Vs.Surjit 24 has previously deliberated up income of housewife, the relev ed as follows: "8. It is imperative to ack of a housewife as a homem beyond measurable econom household management, chil the upkeep of familial stabili unrecognized in monetary functioning and well-being compensation, the court mu contribution, which wo considerable expenditure if o it is just and reasonable to d the deceased–Charanjit Kau Singh & others decided on pon the issue of ascertaining the vant portion of the judgment is knowledge the multifaceted role maker. Her contributions extend mic parameters, encompassing ld care, emotional support, and ity. These services, though often terms, are invaluable to the of a household. In assessing ust factor in this indispensable ould otherwise necessitate outsourced. In view of the above, determine the monthly income of ur, housewife at Rs.9,000/- per - n e s e d g d n e g e e , f r

¶20Jasbir Si assessed entitled to SETTLE

¶21Delhi Tra Cases 12 relevant p

month, therefore, the award Court." Therefore, in view of the pr ingh (Supra) the notional inc as 9,000/- per month. Theref o the compensation as per the set ED LAW ON COMPENSATIO Hon'ble Supreme Court in ansport Corporation and Anot 1], laid down the law on asses paras of the same are as under:- "30. Though in some case towards personal and living basis of units indicated in practice is to apply stand considered several subseque are of the view that where deduction towards persona deceased, should be one-thir dependent family members where the number of depen and one-fifth (1/5th) where t members exceeds six.

¶31Where the deceased was are the parents, the deductio d requires interference by this recedent set forth in the case of come of deceased-Raj Rani is fore, the claimant appellant are ttled law. ON the case of Sarla Verma Vs. ther [(2009) 6 Supreme Court sment of compensation and the es the deduction to be made g expenses is calculated on the n Trilok Chandra, the general dardised deductions. Having a ent decisions of this Court, we the deceased was married, the al and living expenses of the rd (1/3rd) where the number of is 2 to 3, one-fourth (1/4th) dent family members is 4 to 6, the number of dependent family s a bachelor and the claimants on follows a different principle. - s f s e . t e e e l a e e e f ) , y s .

In regard to bachelors, n personal and living expense bachelor would tend to sp otherwise, there is also the p in a short time, in which parent(s) and siblings is like subject to evidence to the c have his own income and dependant and the mother dependant. In the absence brothers and sisters will no because they will either be married, or be dependent on

¶32Thus even if the deceas siblings, only d the mother dependant, and 50% would living expenses of the bachel to the family. However, whe large and dependent on the case where he has a widowe younger non-earning sisters living expenses may be contribution to the family wil *

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* normally, 50% is deducted as es, because it is assumed that a spend more on himself. Even possibility of his getting married event the contribution to the ly to be cut drastically. Further, contrary, the father is likely to will not be considered as a alone will be considered as a of evidence to the contrary, ot be considered as dependants, e independent and earning, or the father. sed is survived by parents and r would be considered to be a be treated as the personal and lor and 50% as the contribution ere the family of the bachelor is income of the deceased, as in a ed mother and large number of s or brothers, his personal and restricted to one-third and ll be taken as two-third.

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¶22Company clarified Vehicles A

¶42We therefore hold that t be as mentioned in Column ( by applying Susamma Th Charlie), which starts with a the age groups of 15 to 20 a one unit for every five years, M-16 for 31 to 35 years, M-41 to 45 years, and M-13 for two units for every five yea years, M-9 for 56 to 60 years 5 for 66 to 70 years. Hon'ble Supreme Court in t y Ltd. Vs. Pranay Sethi & O the law under Sections 166, Act, 1988, on the following aspe

(A) Deduction of person determine multiplicand;

(B) Selection of multiplier

(C) Age of deceased on ba

(D) Reasonable figures on loss of estate, loss of consort escalation;

(E) Future prospects for a different ages: with permane salary. the multiplier to be used should

(4) of the table above (prepared homas³, Trilok Chandra and an operative multiplier of 18 (for and 21 to 25 years), reduced by that is M-17 for 26 to 30 years, -15 for 36 to 40 years, M-14 for r 46 to 50 years, then reduced by ars, that is, M-11 for 51 to 55 s, M-7 for 61 to 65 years and M-the case of National Insurance Ors. [(2017) 16 SCC 680] has 163-A and 168 of the Motor ects:- nal and living expenses to r depending on age of deceased; asis for applying multiplier; n conventional heads, namely, tium and funeral expenses, with all categories of persons and for ent job; self-employed or fixed - d d d r y

r y - e s r o , h r d

und

The relevant portion of th der:- "52. As far as th concerned, we find it expressed in Rajesh towards funeral expen consortium and Rs 1,0 guidance for minor ch of care and minor ch Rajesh refers to Sant follow the same. The heads, needless to s percentage basis bec acceptable criterion. U the said heads ha quantification must h There can be no dispu fall in bank interest, field have to be noti oblivious to the same. this aspect. Otherwise, in determination of th rule is applied, ther lacking any kind of co which, the orders pass he judgment is reproduced as he conventional heads are difficult to agree with the view h². It has granted Rs.25,000 nses, Rs 1,00,000 towards loss of 00,000 towards loss of care and ildren. The head relating to loss hildren does not exist. Though tosh Devi, it does not seem to e conventional and traditional say, cannot be determined on cause that would not be an Unlike determination of income, ave to be quantified. Any have a reasonable foundation. ute over the fact that price index, escalation of rates in many a iced. The court cannot remain There has been a thumb rule in , there will be extreme difficulty he same and unless the thumb re will be immense variation onsistency as a consequence of sed by the tribunals and courts - s e w f d s h o l n n

y

a n n y b n f s

are likely to be ung seemly to fix reasona reasonable figures on loss of estate, loss of c should be Rs.15,00 respectively. The pr heads is an accepta should not be fact-ce think that it would be c have quantified shoul basis in every three should be at the rate o We are disposed to ho consistency in respect *

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59.3. While determin 50% of actual salary towards future prospe permanent job and w should be made. The age of the deceased w case the deceased wa years, the addition sh should be read as actu guided. Therefore, we think it able sums. It seems to us that n conventional heads, namely, consortium and funeral expenses 0, Rs.40,000 and Rs.15,000 rinciple of revisiting the said able principle. But the revisit entric or quantum-centric. We condign that the amount that we ld be enhanced on percentage e years and the enhancement of 10% in a span of three years. old so because that will bring in of those heads. *

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* ning the income, an addition of to the income of the deceased ects, where the deceased had a was below the age of 40 years, addition should be 30%, if the was between 40 to 50 years. In as between the age of 50 to 60 hould be 15%. Actual salary ual salary less tax. - t t

s d t e e e t

n f d a

e n y

59.4. In case the dece a fixed salary, an add income should be the w below the age of 40 ye the deceased was betw and 10% where the de 50 to 60 years should method of computat means the income min

59.5. For determina deduction for person tribunals and the cour to 32 of Sarla Verm hereinbefore.

59.6. The selection of in the Table in Sarla V judgment.

59.7. The age of the d applying the multiplier

59.8. Reasonable fig namely, loss of estate, expenses should be R 15,000 respectively. Th enhanced at the rate of eased was self-employed (or) on dition of 40% of the established warrant where the deceased was ears. An addition of 25% where ween the age of 40 to 50 years eceased was between the age of d be regarded as the necessary tion. The established income us the tax component. tion of the multiplicand, the nal and living expenses, the rts shall be guided by paras 30 ma which we have reproduced f multiplier shall be as indicated Verma¹ read with para 42 of that deceased should be the basis for r. gures on conventional heads, loss of consortium and funeral Rs 15,000, Rs 40,000 and Rs The aforesaid amounts should be f 10% in every three years." - n d s e s f y e e e d d t r

l s e

¶23Insurance Others [20 Pranay Se paras of the

Hon'ble Supreme Court in Company Limited Vs. Nanu 018(18) SCC 130] after conside ethi (Supra) has settled the law r e same are reproduced as under:- "21. A Constitution B Sethi² dealt with the compensation is to be of these heads is loss o "consortium" is a encompasses "spous consortium", and "fil consortium would inc comfort, guidance, s deceased, which is a lo a spouse, it would in deceased spouse.

21.1. Spousal consor rights pertaining to the which allows compen for loss of "company, and aid of the other in

21.2. Parental conso upon the premature "parental aid, protecti guidance and training

21.3. Filial consortium compensation in the c child. An accident le causes great shock a family of the deceas the case of Magma General u Ram alias Chuhru Ram & ering Sarla Verma(supra) and regarding consortium. Relevant - Bench of this Court in Pranay e various heads under which e awarded in a death case. One of consortium. In legal parlance, compendious term which sal consortium", "parental lial consortium". The right to clude the company, care, help, solace and affection of the oss to his family. With respect to clude sexual relations with the rtium is generally defined as e relationship of a husband-wife nsation to the surviving spouse society, cooperation, affection, every conjugal relation". ortium is granted to the child death of a parent, for loss of ion, affection, society, discipline, ". m is the right of the parents to case of an accidental death of a eading to the death of a child and agony to the parents and ed. The greatest agony for a - l & d t y h e , h l o

e o e s e e

d f

o a d d a

parent is to lose the Children are value companionship and the

¶22Consortium is a sp norms about the s relationships. Modern recognised that the va exceeds the economi awarded in the case jurisdictions therefore compensation under l of a child. The amou compensation for loss companionship of the d

¶23The Motor Vehicle aimed at providing families, in cases of g parent has lost their m daughter, the parents of consortium under Parental consortium is their parents in motor A few High Courts h this count. However, th to the principles on awarded on loss of fili

¶24The amount of co consortium will be g awarding compensatio eir child during their lifetime. d for their love, affection, eir role in the family unit. pecial prism reflecting changing status and worth of actual n jurisdictions world-over have alue of a child's consortium far ic value of the compensation of the death of a child. Most e permit parents to be awarded loss of consortium on the death nt awarded to the parents is a of the love, affection, care and deceased child. es Act is a beneficial legislation relief to the victims or their genuine claims. In case where a minor child, or unmarried son or are entitled to be awarded loss the head of filial consortium. is awarded to children who lose vehicle accidents under the Act. have awarded compensation on here was no clarity with respect which compensation could be al consortium. ompensation to be awarded as governed by the principles of on under "loss of consortium" as - .

g l e r n t d h a d n r a r s . e . n t e s f s

CONCLU

¶24in the abo award dat entitled to Sr. No. Mo Fut De exp Tot Mu An Los Fun Los Par

To

¶25Supreme Varma 20 Transpor appellants amount o date of its

laid down in Pranay deem it appropriate to of the deceased, an am of filial consortium. USION In view of the law laid down ove referred to judgments, the ted 30.05.2006 is set aside. Th o compensation as per the calcula Heads onthly Income ture prospects @10% duction towards personal penditure (1/3rd) tal Income ultiplier nnual Dependency ss of Estate neral Expenses ss of Consortium rental : Rs.48,000/- x 2 tal Compensation So far as the interest part is Court in Dara Singh @ Dha 019 ACJ 3176 and R.Valli and rt Corporation (2022) 5 Sup s-claimants are granted the inte f compensation from the date o s realization. Sethi². In the present case, we o award the father and the sister mount of Rs 40,000 each for loss n by the Hon'ble Supreme Court present appeal is allowed. The he appellants-claimants are held ations made here-under:- Compensation Awarded Rs.9,000/- Rs.9,900/- (900+9000) Rs.3,300/- [1/3 of 9900] Rs.6,600/- Rs.7,12,800/- (6600 x 12 x 9) Rs.18,000/- Rs.18,000/- Rs.96,000/- Rs.8,44,800/- concerned, as held by Hon'ble ara Banjara Vs. Shyam Singh Others VS. Tamil Nandu State preme Court Cases 107, the erest @ 9% per annum on the of filing of claim petition till the - e r s t e d e h e e e e

¶26compensa months fr further di interest e claimants with the T

¶27disburse Advocate judgment

28.

29.

The Insurance Company is d ation along with interest with the rom the date of receipt of copy o irected to disburse the amoun equally in the accounts of both /appellants are directed to furn Tribunal. The respondent No.3-Insur the current scheduled fee to M within a period of 20 days fr . Disposed of accordingly. Pending applications, if any, directed to deposit the amount of e Tribunal within a period of two of this judgment. The Tribunal is nt of compensation along with h the claimants/appellants. The nish their bank account details rance Company is directed to Mr. Gurpreet Singh Ahlulwalia rom the receipt of copy of this also stand disposed of. - f o s h e s o a s