United India Ins.Co.Ltd. v. Salitan Devi Etc.
!"# $% &#'()($*+ , ,
+ - . , / 01/
.
!
!
" "# ! $!
% " " !
!
% " " # & ''''
01/
.2 ,
.
(
"
( ( ) # *+*,,*,-" . "
.
# #
& "
/ "/ #
.
(% # ( &
(
. $ 0
#
.
(%
(1 (# ,
( # (
"
,
"
// ,-,2+3 .
#
2,"-**& /. 4 ,5
( #
# 6,"7 -0
(%
( # (
# # $/
#
7 #
(
" ,-,2+3 (
/
.# ## /
(
(
( # ."
(/
(
- /# "
"
(
(%. .# ## /
/(
( (# 0(
.
(#
(
# .
.
8 % /
.(
.
.# ## /
"
/ "
( ( ("
"
.
3 9
(% # ( "
&
(
"
.
.$/
6 $
7, # / # 0(
# ( $/ #
#
7 # " 3*5 #
& .
( $
(
0(
/
#
# # :
"
#
+"3*& #
1 ( / /
. # / #
".
. . "
" #
"27";**<-+"-**:-=.
1 (/
(
/ #
,3"***&
/ :
#./
(
"FAO No.345 of 1986 Appellants:
United India Insurance Company Cross Objectors:
Claimant% Widow of the deceased Deceased:
Mr. M.R. Guleria Age of the Deceased: 32 years Dependents:
Widow Smt. Salitan Devi and three minor children (Amita, Amina and Ashish Kumar).
Income Monthly : Rs.731 Monthly : Rs.731 Deduction Approx 1⁄4 (Rs.181) 1⁄4 (Rs.183) Amount after deduction Rs.550 Rs.548 Future Prospects Nil 50% (Rs.274) Multiplier Loss of Estate Nil Rs.18150 Funeral Expenses Nil Rs.18150 Loss of Consortium Nil Rs.1,93,600 (48,400 x 4) Litigation Expenses Rs.100 Rs.25000 Total Compensation Rs.92,400 (Rs.550x12x14) Rs.4,30,388 [1,75,824 (Rs.822x12x16) + Rs.18,150+ Rs.18150+Rs.1,93,600+Rs.25000] Difference Rs.3,20,324
- Interest 12% (From the 12% (From the date of filing of Claim date of Award till Petition to the date of Payment) payment) Dated: 23.02.2025 Submitted By:
sd/% Prateek Mahajan Counsel for Respondents no.1 to 4"
;
(
4,5
(/ # ##/ # #
(
/
(
(
"(
*+,2+;".
( (
"
"Present:% The Hon'ble Mr. Justice D.S.Tewatia The Hon'ble Mr. Justice M R Agnihotri For the Appellant :% Mr. S.S.Aulakh, Advocate For the Respondent:% Mr. B.R.Mahajan, Advocate Heard. The order, dated 11th July, 1986, requiring the claimants to furnish security before withdrawing the compensation amount is modified to read:
"That the Tribunal shall deposit Rs.60,000/= out of the compensation amount in fixed deposit in the name of claimants through their mother (who is their natural guardian). The interest therefrom shall be paid to the claimants. The rest of the amount be paid to the claimants without furnishing any security. The fixed deposit amount, in question, shall become payable to the person to be named in the judgment of this Court."
(Misc No.5799/CII%86 is disposed of accordingly) Sd/%D S Tewatia
3 Judge Sd/% M R Agnihotri Judge December 8, 1986"
>
"
(
#
/ "
. .( ?@(
!"
#$ % & ' '! &( #')% %)% (%# #$ #% &
*++,"-.*." (%##'/#0 % )#1( ( $ '!#1 &( #$% & '
*+.2".--3+" 4
# #'/#0
% )#1( ( $ '! #/ ('&/&/ #$% & '
*+.3".3.5+ + # "
"
(
( 0(
.
(
(%
(
( # *+,2+;"
#
;*"***& #
".
( #: # / .
( 0 # .
(
. #
/
:
#
# # : ( #
+"***&
(/
#
# " ( . (
"2,"***& <-+***:-=
/ : " (
;
#
*"***& (
(
# .
/ ( ( / :
( ( / #;5 2
/ / ($
.
* ?A( -,#
6'0'
< =
(
"We therefore hold that the multiplier to be used should be as mentioned in column (4) of the Table above (prepared by applying Susamma Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M%17 for 26 to 30 years, 7.-8%5. % 591 ', M%15 for 36 to 40 years, M%14 for 41 to 45 years, and M%13 for 46 to 50 years, then reduced by two units for every five years, that is, M%11 for 51 to 55 years, M%9 for 56 to 60 years, M%7 for 61 to 65 years and M%5 for 66 to 70 years."
# ( .
.
# /#7, "
#B;A ( , ?A( #1 &(6'0'
< ="
"59.In view of the aforesaid analysis, we proceed to record our conclusions:% 59.1 The two%Judge Bench in Santosh Devi should have been well advised to refer the matter to a larger Bench as it was taking a different view than what has been stated in Sarla Verma, a judgment by a coordinate Bench. It is because a coordinate Bench of the same strength cannot take a contrary
> view than what has been held by another coordinate Bench. 59.2 As Rajesh has not taken note of the decision in Reshma Kumari, which was delivered at earlier point of time, the decision in Rajesh is not a binding precedent. 59.3 &( $
(#(#4 & (#0%
:#$$( (%#%89+;%8 0 /'1 % & (#0%
%8 & $ '
$ %<$'8/ /
)%') 0 ':<& & $ '
$&$) # # =%>#$<'
> %< & 4 %8?+1 ':'&%/$> $ . The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax.
59.4 In case the deceased was self%employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component.
59.5 For determination of the multiplicand, the deduction for personal and living expenses, the tribunals and the courts shall be guided by paragraphs 30 to 32 of Sarla Verma which we have reproduced hereinbefore.
9,!-& '
0 (%#%8 / ()( '&> '(#$(0 $(# &
> (#
$ <( & )4)& ?* %8 & =/$4
# !
9,!2& 4 %8 & $ '
$'&%/$> & >'('8%))1(#4 & / ()( !
9,!3
'%#> 8(4/ '%#0%#@ # (%#& $':#
1:%''
%8 ' :%''%80%#'% (/ #$8/# A) #'
''&%/$>
'!.9:+++7: '!?+:+++7#$ '!.9:+++7 ') 0 (@ 1!&
8% '($ %/# ''&%/$> #� $ & %8.+;(#
+
@ 1 &
1 '!
60. The reference is answered accordingly. Matters be placed before the appropriate Bench."
7
# ( % / .
.
.
( ( ?A(
# /#
#
.
.
1 ( $
/.
# # . .
.
/ %(&. # #:
0
-,# % /#
6'0'
< =.
#
>*"***&
# "
# # : .
.
1 (
#*5 - ?A( 4
# #'/#0
% )#1( ( $6'0'
/)"
(
"
#
# " #
(
# ## 0 . ."
( /
#
% /
(. "21. A Constitution Bench of this Court in Pranay Sethi dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is Loss of Consortium. In legal parlance, "consortium" is a compendious term which encompasses' spousal consortium', 'parental consortium', and 'filial consortium'. The right to consortium would include the company, care, help, comfort, guidance,
2 solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse.
*.!. )%/' 0%#'% (/ (' 4 # 1 $ 8(# $ ' (4& '
) (#(#4 % & (%#'&()%8&/'>#$<(8 <&(0&%<'
0% ) #' (%# % & '/@(@(#4')%/'
8%%''%8B0% )#1:
'%0( 1:0%7%) (%#:88 0 (%#:#$($%8 & % & (# @ 1 0%#=/4 (%#!C *.!* # 0%#'% (/ ('4# $ % & 0&($/)%# &
)
/ $ & %8 ) # : 8% %'' %8 B) # ($:
)% 0 (%#: 88 0 (%#: '%0( 1: $('0()(# : 4/($#0 #$ (#(#4!C 21.3 Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit.
22.
Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern jurisdictions world over have recognized that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased child.
23.
& % %
&(0 '0 ('> # 8(0( 4(' (%#(
$ )%@($(#4 ( 8 % & @(0 ( '% & (8 (( ':(#0'
'%8 #/(# 0( '! In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to
* be awarded loss of consortium under the head of Filial Consortium. # %#'% (/ ('<$ $ %0&($ #<&% %'
& () # '(# % %@ &(0 00($ # '/#$ & 0 ! <(4&%/ '&@ <$ $0% ) #' (%#%# &('0%/# 5.
However, there was no clarity with respect to the principles on which compensation could be awarded on loss of Filial Consortium.
24.
The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under 'Loss of Consortium' as laid down in Pranay Sethi (supra). In the present case, we deem it appropriate to award the father and the sister of the deceased, an amount of Rs.40,000 each for loss of Filial Consortium." 3
(
% /" #
-*"***& .
# #
" # .
( # &/ ;
# (
"
(
(/
0 / (
/ ##
.# ## /
(
( /"
( (#
.
(# 0(
.
#
.# ## /
( "
(# ! "
# # # .
.
8 %/ .
.( .# ## / 0
" / (
##
(% # (
(
> #
(% # ( " #
( ( ( : # " #
# "# : "
# / : C
"
/.
( #
# # : " #
+"***& (/ /#D E" #
"2,"***&<-+***:-= 1 (/
(## (/ / : .
( :#
,3"***& / :
2+;
"
#
*"***& #/ : 1
.
#B;A
/ ( ( . .
"
( 0
.
#
7"23"+,-&
"
.
7"*7"-,-&9
". (
# 4>35 #
"
# . (
+ G/ . (
# "
# (
(%
, # ( . / ,-,2+3 #
#
#
7"*7"-,-& /. #>35 # # #/# #
. #
:.$ # 2 F
# *+,2+;".
( (
( ( "
#
;*"***&" # ".
( #: #
#
( "
(
#
#
(
( "
( " ". (
(# H: / H: /
# #/ # "
(
" "
. (
#345!46 2
01/
. naresh.k
$/&
I &6 ( I &6