Soniya & Ors vs Vushnukanth & Anr

Delay condoned.

Leave granted.

This appeal by the claimants is directed against the judgment of the High Court dated 12.04.2017, whereby the High Court enhanced the award from Rs.8,99,000/- to Rs.11,58,072/-.

It is urged on behalf of the appellant that both the Courts below have erred in not accepting the income of the deceased to be Rs.30,000/- per month. It is also urged that both the Courts have not awarded any amount for future prospects.

On the other hand, learned counsel for respondents submits that the award is just and reasonable and urges that the amount awarded for loss of consortium and other non-pecuniary losses is much higher than provided in decision by the Constitution Bench in "National Insurance Company Limited Vs. Pranay Sethi and Ors" reported in (2017) 16 SCC 680.

On going through the evidence we find that the deceased was doing business in Bombay. It is true that no positive proof of his income has been led. We are, therefore, unable to accept the bald statement of the widow that her husband was earning Rs.30,000/- per month. Having said that we cannot lose sight of the fact that the deceased was working in Bombay. In a city like Bombay, even an unskilled labourer in the year 2013 when the accident took place would earn R.300/- to Rs.400/- per day. Therefore, we assess the income of the deceased at Rs.10,000/- per month. Since the deceased was aged only 25 years, 40% is added for loss of future prospects, taking the total income to Rs.14,000/-per month.

Next come to the question as to what amount should be deducted. The claimants were, widow, mother, two siblings and father. We find that the father was about 50 years of age at the relevant time and both the siblings were major and there was no proof of dependency on the deceased. We, therefore, hold that only the mother and widow are the dependents. Therefore, 1/3(Rs.4667/-) is deducted for the personal expenses of the deceased, which takes the datum figure to Rs.9333/- per month. Multiplier of 18 is applied since the deceased was aged 25 years. As such the loss of dependency to the mother and the widow works out to Rs.20,15,928/-. In addition thereto, the claimants are entitled to Rs.70,000/-non-pecuniary loss such as loss of consortium, funeral expenses, loss to the estate etc. and the total compensation works out to Rs.20,85,928, which is rounded of Rs.20,86,000/-. Out of said amount, the share of widow shall be Rs.13,00,000/- and the share of mother shall be Rs.7,86,000/-. In case any amount has been paid to the siblings that shall be deducted from the share of the mother. On the amount of compensation awarded, the claimants shall also be entitled to interest @ 7% per annum. Obviously, the respondent Insurance Company shall be entitled to adjust/deduct the amount already paid/deposited by it. The Insurance Company shall deposit the enhanced amount before the Motor Accident Claim Tribunal within 12 weeks from the date of this order.

The appeal is partly allowed and disposed of in the aforesaid terms.