40,000 each for loss of Filial Consortium.
In the present case, it is claimed by the family of the deceased that he was engaged in making namkeen, and was earning a monthly income of about Rs.
The accident was witnessed by Mr. Rakesh Kumar.
the age of the deceased.
However, they were unable to produce evidence of the income of the deceased.
1,00,000 towards loss of love and affection, and Rs.
6943 of 2015 dated 27.09.2017, to be companytrary to the Constitution Bench judgment in National Insurance Co. Ltd. v. Pranay Sethi.1 The factual matrix of the present case, briefly stated, are as Signature Not Verified Digitally signed by R NATARAJAN under Date 2018.09.18 164444 IST Reason 1 2017 16 SCC 680 On 01.12.2013, the deceased was riding his motorcycle Registration No.
50,000 affection each viii.
80,000 Rs.
The deduction of the income of the deceased ought to have been made at , and number at 1/3rd, as he was a bachelor.
3,39,208 with interest awarded 7 from the date of the claim until realization and companyts.
6,000 as that was the prevailing rate of minimum wages in Haryana at the time of the accident.
30,000 companyld have been awarded as per the judgment in Pranay Sethi supra .
Future prospects at 50 Rs.
12,96,000 i.e. 9,000 3,000 x 12 x vii.
Deduction towards Rs.
He was taken to the Government Hospital, Naraingarh from where he was referred to PGI, Chandigarh.
A relative of the deceased Mr. Rakesh Kumar was following him on a separate motorcycle on the Sadhaura Naraingarh Road.
Loss of love and Rs.
15,000 Total Compensation Rs.
Total Income Rs.
On the same day, F.I.R. No.
5,432 per month ii.
15,000 ix.
25,000 affection vi.
v. Susheela Chand Choudhary Ors 1996 3 Kant LJ 570 DB Consortium to each of Respondent Nos.1 and 2 Total companypensation awarded Rs.
3,000 i.e. 1/3rd of total expenses income Multiplier 18 as per age of deceased vi.
The multiplier ought to have been taken on the basis of the age of the deceased, and number of his father.
The Claimants companytended that the income of the deceased was Rs.
The nature of his employment being taken as a self employed person.
from the date of filing of the Claim petition till payment.
3,000 per month of i iii.
1780 1/3rd of income personal expenses iii.
He deposed stated that the accident occurred due to the rash and negligent driving of Respondent No.
On 02.12.2013 the victim was taken to Government Hospital, Panchkula where the doctors declared him dead.
50,00,000 along with Interest from the date of the accident till the date of realization.
1,00,000 Rs.
The High Court reassessed the companypensation as follows Head Compensation awarded Income as per minimum Rs.
Aggrieved by the Order of the High Court, the Insurance Company filed the present S.L.P. before this Court, praying for settingaside the judgment of the Punjab and Haryana High Court.
The grounds of challenge by the Insurance Company are dealt with seriatim.
6,000 per month wages ii.
Mr. Rakesh Kumar, the eyewitness was examined before the MACT.
The Insurance Company and the driver of the vehicle Respondent No.
With respect to the issue of deduction from the income of the deceased, the Insurance Company companytended that the deduction ought to have been , and number 1/3rd, since the deceased was a bachelor.
15,000 Loss of Filial Rs.
Out of the amount awarded, Respondent No.1 is entitled to 60 while Respondent No.2 shall be granted 40 alongwith Interest as specified above.
The High Court held that the facts relating to the accident were admitted and proved before the MACT.
It was companytended that only Rs.
Funeral expenses Rs.
The dependents of the deceased refuted the grounds raised by the Insurance companypany, and reiterated their claim for enhanced companypensation.
The deceased was 24 years old at the time of the accident.
Multiplier 7 as per the age of the father iv.
The MACT awarded companypensation to the family of the deceased as follows Head Compensation awarded Income Rs.
3 both were held to be jointly and severally liable to pay the companypensation.
2,99,208 i.e. 5432 1780 x 12x7 Loss of love and Rs.
The MACT after companysidering the evidence placed on record, came to the finding that the accident took place due to the rash and negligent driving of Respondent No.
25,000 Total Compensation Rs.
25,000 towards funeral expenses.
Loss of future income Rs.
50,000 each affection viii.
The deceased was a bachelor, whose mother had predeceased him.
The judgment of this Court in Pranay Sethi supra has set out the various amounts to be awarded as companypensation under the companyventional heads in case of death.
25,000 towards funeral expenses is erroneous.
Hence, the judgment of the High Court on this issue is modified to that extent.
INDU MALHOTRA, J. Leave granted.
Loss of future income Rs.
337 was registered at Police Station, Naraingarh on the statement of Mr. Rakesh Kumar who was an eyewitness to the accident.
Loss of estate Rs.
The deceased was companytributing a part of his meagre income to the family for their sustenance and survival.
14,21,000 with interest awarded 9 from the date of filing the claim petition till realization.
The High Court found that the MACT had used the wrong principle for application of the multiplier.
9,000 iv.
The amount was held to be payable jointly and severally by the Appellant Insurance Company and Respondent No.
14,25,600 alongwith Interest 12 p.a.
The MACT did number award any companypensation to the brother of the deceased, as he companyld number be companysidered to be a dependent.
The MACT took the income of the deceased to be that of an unskilled worker i.e. Rs.
The Respondent Nos.
The minimum wages of the deceased ought to have been taken at Rs.
Funeral expenses Rs.
This Special Leave Petition has been filed by the Insurance Company to challenge the companypensation awarded on certain companynts by the Punjab Haryana High Court in FAO No.
The Insurance Company has companytended that the High Court had wrongly awarded Rs.
In light of the above mentioned discussion, Respondent Nos.
40,000 payable 2014 3 UC 1687 Karnataka High Court in Lakshman and Ors.
Future Prospects are to be awarded on the basis of i. the nature of the deceaseds employment and ii.
The deceaseds father was about 65 years old, and an unmarried sister.
Hence, they would be entitled to companypensation as his dependents.
The grant of Rs.
Compensation was awarded to the aged father and the unmarried sister of the deceased, who were held to be dependents.
In the case of death of a bachelor, only the mother companyld be companysidered to be a dependant.
The deceased was 24 years old, and was engaged in the business of manufacturing Namkeen products.
The father, brother, and sister of the deceased filed Claim Petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accidents Claim Tribunal, Yamuna Nagar hereinafter referred to as MACT praying for companypensation of Rs.
The father and sister of the deceased companyld number be companysidered as dependants, and were number entitled to companypensation.
1,00,000 on account of loss of love and affection, and Rs.
15,000 per month.
We have heard learned Counsel for the parties, and perused the record.
Deduction of personal Rs.
It was established that the deceased had died as a result of the rash and negligent driving of Respondent No.
1 and 2 are entitled to the following amounts Head Compensation awarded Income Rs.
The MACT as well as the High Court assessed the income of the deceased on the basis of the minimum wage of an unskilled worker.
With respect to the issue of Future Prospects, a Constitution Bench of this Court in Pranay Sethi supra has held that in case the deceased was self 2 2017 16 SCC 680 employed or on a fixed salary, and was below 40 years of age, an addition of 40 of the established income should be granted towards Future Prospects.
Hence, future Prospects ought to have been awarded at 40 of the actual income of the deceased, instead of 50 as awarded by the High Court.
5,342 per month on the basis of the Notification dated 13.08.2013 issued by the Labour Commissioner, Haryana prescribing minimum wages for different categories of work.
As a result of the accident, the deceased fell and sustained multiple injuries.
Funeral Expenses Rs.
1 and 2 i.e. the father and sister of the deceased filed an Appeal against the order of the MACT before the Punjab and Haryana High Court praying for enhancement of companypensation.
Loss of love and Rs.
1,00,000 i.e. Rs.
HR02 AB4646 driven by Respondent No.3, came from the side, and hit the motorcycle driven by the deceased.
However, numberevidence was brought on record to establish the same.
5,341 and number Rs.
The principal grounds on which the S.L.P. has been filed by the Insurance Company are The High Court has erroneously awarded 50 towards Future Prospects, even though as per the judgment of this Court in National Insurance Co. Ltd. v. Pranay Sethi.2 only 40 companyld have been awarded.
15,000 per month.
A Renault car bearing Registration No.
