Suresh Devi And ORS v. Roshan Lal And ORS
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"Suresh Devi and others ......Appellant
VERSUS
Roshan Lal and others .....Respondents * +"
, -Death Case ,. -/30.08.1992 @ 7:30 PM / Jabar Singh .&- 30 years .0-( 1)123/along with 12% P.A. interest w.e.f. 11.11.1992 ,.0- 03.06.1993 + -/ Running Motor repair shop by the name of Narwal Electricals, Karnal, labour and agriculture income. 4,5 -/ 1.
Jai Singh and Jabar Singh were travelling from Karnal City towards Sugar Mill, Karnal on correct left side of the road. 2.
In the meantime, one truck being driven by respondent no. 1 came from opposite side and struck the motorcycle of the deceased. Resulting in the death of the deceased.
3.
The accident has occurred due to rash and negligent driving of driver of the truck who was driving the truck at a very high speed. 6 4 Appellant no 18 Suresh Devi (Wife) Appellant no. 28 Sandeep Kumar (son) Appellant no. 38 Pardeep Kumar (son) Appellant no. 48 Neelam Devi (daughter) +,, &78 Roshan Lal (Respondent no. 1) +,, &0 / M/s Liberty Group, Marketing Division (Respondent no.2) .!8!. +
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Salary 1800x12 = Rs.21,600/8 1800x12= Rs.21,600/8
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Deduction 21,600 - 1/3rd x 21,600 = Rs.14,400/8 21,60081/4th x 21600 = Rs.16,200/8 3.
Multiplier 14400 x 16 = Rs.2,30,400/8 16200 x = Rs.2,75,400/8 4.
Future Prospects Nil 2,75,400 + 40% = ( )1$:1:3/ 5.
Loss of Consortium Nil 1,92,000/8 6.
Loss of estate and transportation 36,000/8 7.
Total Rs.2,30,400/8 Rs.6,13,560/8 Total amount after deducting the awarded amount Rs.3,83,160/8 Thus, as per the calculation done by the appellant, the proposed amount of compensation comes to Rs.3,83,160/8 + 12% P.A. for 34 years.A :
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"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 %/#, ) , M816 for 31
to 35 years, M815 for 36 to 40 years, %/2,2 2: 1 and M813 for 46 to 50 years, then reduced by two units for every five years, that is, M811 for 51 to 55 years, M89 for 56 to 60 years, M87 for 61 to 65 years and M85 for 66 to 70 years."
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"59.In view of the aforesaid analysis, we proceed to record our conclusions:8 59.1 The two8Judge 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 While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. 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.
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&,2 : 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.
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60. The reference is answered accordingly. Matters be placed before the appropriate Bench."
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5"3 "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, 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.
21.1 Spousal consortium is generally defined as rights pertaining to the relationship of a husband wife which allows compensation to the surviving spouse for loss of "company, society,co8operation, affection, and aid of the other in every conjugal relation."
21.2 Parental consortium is granted to the child upon the premature death of a parent, for loss of "parental aid, protection, affection, society, discipline, guidance and training."
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.
The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. 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. Parental Consortium is awarded to children who lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count 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." .
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5"3 "Savitri and others ....Appellant
VERSUS
Roshan Lal and others ......Respondents * +"
, -8 Death Case ,. -/ 30.08.1992 @ 7:30 PM 8 Jai Singh .&- 45 years .0-( )113/ along with 12% P.A. interest w.e.f 28.10.1992 i.e date of filling of petition ,.0-/ 03.06.1993 + / Running Motor repair shop by the name of Narwal Electricals, Karnal, labour and agriculture income. 4,5 -/
1. Jai Singh and Jabar Singh were travelling from Karnal City towards Sugar Mill, Karnal on correct left side of the road.
2. In the meantime, one truck being driven by respondent no. 1 came from opposite side and struck the motorcycle of the deceased. Resulting in the death of the deceased.
3. The accident has occurred due to rash and negligent driving of driver of the truck who was driving the truck at a very high speed. - 5 Appellant no 18 Savitri devi (Wife) Appellant no. 28 Namita (Daughter) Appellant no. 38 Wazita Kumari (daughter) Appellant no. 48 Manita (daughter) Appellant 58 Mandeep singh (Son) +,, &78 Roshan Lal (Respondent no. 1) +,, &0 / M/s Liberty Group, Marketing Division (Respondent no. 2)
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Salary Rs.2252/8 P.M.
2252/8 P.M.
2.
Deduction 2252 - 1/3rd x 2252 = Rs.1501/8 225281/4th x 2252= Rs.1689/8 3.
Income 1501 x 12 = 18,012/8 1689 x 12 = 20,268/8 4.
Add on income Rs.1400 Rs.1400 5.
Multiplier 19,412 x 16 = Rs.3,10,600/8 21,668 x 14 = Rs.3,03,352/8 6.
Future Prospects Nil 3,03,352 + 25% = ( )1#13/ 7.
Loss of Consortium Nil 2,40,000/8 8.
Loss of estate and transportation 36,000/8 9.
Total Rs.3,10,600/8 Rs.6,55,190/8 Total amount after deducting the awarded amount Rs.3,44,590/8 Thus, as per the calculation done by the appellant, the proposed amount of compensation comes to Rs.3,44,590/8 + 12% P.A. for 34 years.A 2 /
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