Ramlali And Another v. Babu Ram And Others
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=* National Insurance Co. Vs. Pranay Sethi, 2017 SCC 270 and Magma General Insurance Co. Ltd. Vs. Nanu Ram alias Chuhru Ram & Ors., 2018(4) RCR (Civil) 333, inasmuch as, the Tribunal erred in not awarding the filial consortium to the appellants-claimants (parents of the deceased) as per the settled law. He further submits that under the other convention heads like loss of estate, funeral expenses etc. inadequate compensation was assessed, which requires to be enhanced accordingly.
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Learned counsel for respondent No.3 - Insurance Company has, however, submitted that the monthly income of the deceased was rightly assessed by the Tribunal, as the deceased was a 20 years old boy at the time of accident and was stated to be working as a labourer in the factory. Since, no income proof was produced by the appellants/claimants during trial, hence, it was on the basis of the Collector rate prevalent at the relevant time, his income was rightly
assessed at Rs. 8000/- p.m. Learned counsel for the Insurance Company was not able to dispute that the appellants/claimants being parents of the deceased were entitled to filial consortium in the sum of Rs. 40,000/- each.
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* Pranay Sethi's case (supra)
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* Rasmita Biswal and others Vs. Divisional Manager, National Insurance Co. Ltd. and another : 2022(1) RCR(Civil) 344
/Pranay Sethi's case(supra). Hence, the amount of compensation under the conventional heads stands modified to Rs.16,500/- each, for loss of estate & funeral expenses.
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