Dhani Ram And ORS. v. Purshotam And ORS.

    
          



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    3 1) Whether the alleged accident resulting into the death of Rishipal son of Phool Chand and Sanjay alias Bunti son of Dhani Ram took place due to rash and negligent driving of Sumo bearing No.RJ$14$2C$2236 by respondent No.1? OPP 2) If issue No.1 is proved, whether the petitioners are entitled to compensation and if so how much and from whom? OPP 3) Whether the petition(s) is/are not maintainable in the present form? OPR

) 4) Whether at the time of alleged accident, the vehicle involved was being driven by a person who was not holding a valid and effective driving licence and if so its effect? OPR$3 5) Relief.

 








 


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In my opinion, the cause of death is the hemorrhage and shock due to excessive loss of blood as a result of multiple fractures in the accident."

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17. The accident is dated 8.3.2003 in the night. As per version of PW$6 Jagdish Parshad after seeing the accident caused by TATA Sumo in question, he followed the said vehicle and then from there he went to his destination. Then on the next day (i.e. 9.3.2003) he was coming from Hodal and he stopped at the turn of Tumshra where he found two persons present and he made enquiries from them as to what had happened with the two boys who had met with an accident yesterday. These persons told him that one Anil is their relative and he knows about the same. Thereafter Anil was called there and he (PW$6) told him the registration number of the vehicle. On the third day thereof, PW.6 was called in the police station and

police recorded his statement. Thus, from this version of PW.6, it transpires that he did not make any statement on 9.3.2003 before the police and he was not present with the family members of the deceased persons. He himself in his cross$examination denied the suggestion that he was present when the police was conducting the proceedings. However, as is evident from the statement of RW.2 Ranbir Singh ASI, Investigating Officer of the case coupled with proceedings under section 174 & 175 Cr.P.C. Ex.R.1, PW 6$Jagdish Parshad was present on 9.3.2003 when RW.2 conducted those proceedings under section 174 & 175 Cr.P.C. and he also signed those proceedings. Even the postmortem report of deceased Sanjay Ex.P$8 which is dated 9.3.2003 also bears the signatures of PW6 Jagdish Parshad against the identification.

In this view of the situation, I am of the opinion that when PW6 Jagdish Parshad was present on 9.3.2003 during aforesaid proceedings then what was the hitch for him not to disclose the number of vehicle and name of driver on that day which he disclosed on 11.3.2003. Since there is no explanation on record on his behalf in this regard, therefore, the veracity of this witness has become doubtful. Moreover, in the cross$examination this witness has stated that when he had gone to Police Station, TATA Sumo was already lying parked there but a perusal of recovery memo Mark X$4, which bears his signatures, shows that the said vehicle was recovered in his presence from ahead of village Banchari.

respondent no.1 is not believable. At the most from the evidence on record in the shape of copy of FIR Ex.P.7, copy of postmortem reports Ex.P.6 and Ex.P.8 and other evidence on record it can be taken that Rishi Pal and Sanjay had died due to the injuries sustained by them in an accident but involvement of the TATA Sumo in question is not proved on record. Is respondent no.1 is facing criminal trial for having caused the alleged accident, it does not prove that the vehicle in question was involved in the accident in question."


 


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Sarla Verma Vs. Delhi Transport Corporation and Another :'

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 3 D30. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one$third (1/3rd) where the number of dependent family members is 2 to 3, one$fourth (1/4th) where the number of dependent family members is 4 to 6, and one$fifth (1/5th) where the number of dependent family members exceeds six.

31. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribution to the parent(s) and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant.

 In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or be dependent on the father.

32. Thus even if the deceased is survived by parents and siblings, only d the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family of the bachelor is large and dependent on the income of the deceased, as in a case where he has a widowed mother and large number of younger non$earning sisters or brothers, his personal and living expenses may be restricted to one$ third and contribution to the family will be taken as two$third. * * * * * *

42. We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared by applying Susamma Thomas3, 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, M$16 for 31 to 35 years, 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.

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National Insurance Company Ltd. Vs. Pranay Sethi & Ors. : 3

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 3 D52. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh2. It has granted Rs.25,000 towards funeral expenses, Rs 1,00,000 towards loss of consortium and Rs 1,00,000 towards loss of care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers to Santosh Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank

 interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be fact$centric or quantum$centric.

We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads.

* * * * * 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.

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 paras 30 to 32 of Sarla Verma4 which we have reproduced hereinbefore.

59.6. The selection of multiplier shall be as indicated in the Table in Sarla Verma1 read with para 42 of that judgment. 59.7. The age of the deceased should be the basis for applying the multiplier.

59.8. Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years."

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 3 "21. A Constitution Bench of this Court in Pranay Sethi2 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, cooperation, 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 recognised 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. 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 Sethi2. 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.  56 

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R.Valli and Others VS. Tamil Nadu State Transport Corporation 

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