Andhra Pradesh High Court - Amravati
M/S United India Insurance Co Ltd., ... vs Smt. A. Manjula, Chittoor Dist Five ... on 17 March, 2023
Author: M.Ganga Rao
Bench: M.Ganga Rao
IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
****
M.A.C.M.A.Nos.2641 AND 3055 of 2017
M.A.C.M.A.No.2641 OF 2017
Between:
M/s.United India Insurance Company Limited,
Chittoor, Represented by its Divisional Manager,
Having Office at Divisional Office, Gandhi Road,
Chittoor Town and District. ... Appellant
And
1. Smt.A.Manjula, W/o.A.Nagaraju, Hindu,
Aged about 32 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
2. A.Upendra, S/o.A.Nagaraju, Hindu, Aged 13 years,
Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
(2nd respondent beign minor represented by his
Mother and natural guardian Smt.A.Manjula)
3. A.Peddabba, S/o.Late A.Krishnaiah, Hindu,
Aged about 65 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
4. Smt.Rajeswari, W/o.A.Peddabba, Hindu,
Aged about 55 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
5. G.Doraswamy, S/o.Krishnappa Chetty,
Hindu, Aged about 34 years, Residing at D.No.27-92,
Eddula Santha Street, Palamaner,
Chittoor District.
6. S.Jaffar, S/o.Nawab Saheb, Muslim,
Aged about not known, Residing at D.No.3/138,
Police Line Street, Palamaner, Chittoor District.
... Respondents
2
M.A.C.M.A.No.3055 OF 2017
Between:
1. Smt.A.Manjula, W/o.A.Nagaraju, Hindu,
Aged about 33 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
2. A.Upendra, S/o.A.Nagaraju, Hindu, Aged 14 years,
Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
(2nd respondent beign minor represented by his
Mother and natural guardian Smt.A.Manjula)
3. A.Peddabba, S/o.Late A.Krishnaiah, Hindu,
Aged about 66 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
4. Smt.Rajeswari, W/o.A.Peddabba, Hindu,
Aged about 56 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
... Appellants
And
1. G.Doraswamy, S/o.Krishnappa Chetty,
Hindu, Aged about 34 years, Residing at D.No.27-92,
Eddula Santha Street, Palamaner,
Chittoor District.
2. S.Jaffar, S/o.Nawab Saheb, Muslim,
Aged about not known, Residing at D.No.3/138,
Police Line Street, Palamaner, Chittoor District.
3. M/s.United India Insurance Company Limited,
Chittoor, Represented by its Divisional Manager,
Having Office at Divisional Office, Gandhi Road,
Chittoor Town and District. ... Respondents
DATE OF JUDGMENT PRONOUNCED: 17.03.2023
3
SUBMITTED FOR APPROVAL:
HON'BLE SRI JUSTICE M.GANGA RAO
AND
HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
1. Whether Reporters of Local Newspapers
may be allowed to see the judgment? Yes/No
2. Whether the copies of judgment may be
marked to Law Reporters / Journals? Yes/No
3. Whether His Lordship wish to
see the fair copy of the Judgment? Yes/No
M.GANGA RAO, J
DUPPALA VENKATA RAMANA, J
4
* HON'BLE SRI JUSTICE M.GANGA RAO
AND
HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
+ M.A.C.M.A.Nos.2641 AND 3055 of 2017
% 17.03.2023
M.A.C.M.A.No.2641 OF 2017
Between:
M/s.United India Insurance Company Limited,
Chittoor, Represented by its Divisional Manager,
Having Office at Divisional Office, Gandhi Road,
Chittoor Town and District. ... Appellant
And
1. Smt.A.Manjula, W/o.A.Nagaraju, Hindu,
Aged about 32 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
2. A.Upendra, S/o.A.Nagaraju, Hindu, Aged 13 years,
Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
(2nd respondent beign minor represented by his
Mother and natural guardian Smt.A.Manjula)
3. A.Peddabba, S/o.Late A.Krishnaiah, Hindu,
Aged about 65 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
4. Smt.Rajeswari, W/o.A.Peddabba, Hindu,
Aged about 55 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
5. G.Doraswamy, S/o.Krishnappa Chetty,
Hindu, Aged about 34 years, Residing at D.No.27-92,
Eddula Santha Street, Palamaner,
Chittoor District.
5
6. S.Jaffar, S/o.Nawab Saheb, Muslim,
Aged about not known, Residing at D.No.3/138,
Police Line Street, Palamaner, Chittoor District.
... Respondents
M.A.C.M.A.No.3055 OF 2017
Between:
1. Smt.A.Manjula, W/o.A.Nagaraju, Hindu,
Aged about 33 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
2. A.Upendra, S/o.A.Nagaraju, Hindu, Aged 14 years,
Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
(2nd respondent beign minor represented by his
Mother and natural guardian Smt.A.Manjula)
3. A.Peddabba, S/o.Late A.Krishnaiah, Hindu,
Aged about 66 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
4. Smt.Rajeswari, W/o.A.Peddabba, Hindu,
Aged about 56 years, Residing at B.C.Colony,
C.Bandapally Village, Chittapara Post,
Gudipala Mandal, Chittoor District.
... Appellants
And
1. G.Doraswamy, S/o.Krishnappa Chetty,
Hindu, Aged about 34 years, Residing at D.No.27-92,
Eddula Santha Street, Palamaner,
Chittoor District.
2. S.Jaffar, S/o.Nawab Saheb, Muslim,
Aged about not known, Residing at D.No.3/138,
Police Line Street, Palamaner, Chittoor District.
3. M/s.United India Insurance Company Limited,
Chittoor, Represented by its Divisional Manager,
Having Office at Divisional Office, Gandhi Road,
Chittoor Town and District. ... Respondents
6
! Counsel for the Appellant in MACMA 2641/2017
& 3rd Respondent in MACMA 3055/2017 : Smt.A.Jayanthi
^ Counsel for the Respondents 1 to 4 in MACMA 2641/2017
& Appellants in MACMA 3055/2017 : Sri T.C.Krishnan
< Gist:
> Head Note:
? Cases referred:
1. 2017 ACJ 2700 (SC)
2. 2009 ACJ 1298 (SC)
3. 2018 ACJ 2782 (SC)
4. (2003) 2 SCC 274
This Court made the following:
7
THE HON'BLE SRI JUSTICE M.GANGA RAO
AND
THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
M.A.C.M.A.Nos.2641 AND 3055 of 2017
COMMON JUDGMENT:
(Per Hon'ble Sri Justice Duppala Venkata Ramana) These appeals under Section 173 (1) of Motor Vehicles Act, 1988 (for short "the Act) are filed by M/s.United India Insurance Company and the claimants challenging the award dt.03.04.2017 delivered by the IX Additional District Judge-cum- Motor Accidents Claims Tribunal at Chittoor (for short "the Tribunal") in M.V.O.P.131 of 2016 granting compensation of a sum of Rs.36,81,479/- with interest @ 7.5% per annum thereon from the date of filing of the petition till the date of deposit of the compensation amount to the wife, son, father and mother (claimants 1 to 4) of late A.Nagaraju on the account of his death in a road traffic accident at Vasanthapuram Village on 22.12.2014.
2. Since these appeals are arising out of the same accident and raising common questions of law, they have been heard together and are being decided by this common judgment. 3 For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the Tribunal in the claim petition.
8
4. The factual context of the case, is as under:
(a) On 22.12.2014 at about 4.30 p.m., while the deceased-
Nagaraju was proceeding on his Hero Honda Passion motorcycle bearing No.TN 04/T 0383 on the main road between Chittoor to Vellur and when he reached near Vasanthapuram Village, opposite TTD Kalyana Mandapam, Gudipala Mandal, the Eicher Van bearing No.AP 03/TC 1564 being driven by its driver in a rash and negligent manner, without care and caution, lost control over the Van and hit the motorcycle due to which the rider of the motorcycle-Nagaraju fell on the road, and sustained severe injuries. He died while shifting him to the hospital.
(b) The matter was reported to the Police by the wife of the deceased alleging that the accident took place as a result of rash and negligent driving of the said Eicher Van driven by its driver and based on the said report, a case in Crime No.152 of 2014 of Gudipala P.S was registered under Section 304-A IPC. After the investigation of the case, a charge sheet was submitted to the Court by the Police against the accused-driver (1st respondent) for having committed the offence punishable under Section 304- A IPC and Sections 134(A) & (B) of M.V.Act.
(c) Wife of the deceased, his son, his father, and mother filed an application claiming compensation of Rs.30,00,000/- before 9 the Tribunal on account of his death in the said road traffic accident.
(d) The 1st respondent/driver of the offending vehicle did not contest the matter.
(e) The 2nd respondent/owner of the offending vehicle filed a written statement denying the allegations in the claim petition and submitted that the offending vehicle bearing No.AP 03/TC 1564 was duly insured with the 3rd respondent and covered with an insurance policy. Therefore, this respondent is not liable to pay any compensation.
(f) The 3rd respondent-Insurance Company filed a written statement contending inter alia that the accident occurred due to the negligence of the deceased, who was the rider of the motorcycle came at a high speed and dashed against the alleged offending vehicle. The amount claimed by the petitioners is highly excessive and exorbitant and prayed to dismiss the petition.
(g) In view of the pleadings of the parties, the Tribunal framed the following issues:
(1) Whether the accident occurred due to the rash and negligent driving of the driver of the Eicher Van bearing No.AP 03/TC 1564 or due to rash and negligent riding of the rider of the Hero Honda motorcycle bearing Reg.No.TN 04/T 0383 or by both?10
(2) Whether the petitioners are entitled for grant of compensation, if so, to what amount and from whom?
(3) To what relief?
(h) In order to establish their claim, the claimants-petitioners adduced oral evidence at the time of enquiry, P.Ws.1 to 3 were examined and Exs.A.1 to A.6 were got marked. None were examined but Ex.B.1-certified copy of the insurance policy was marked on behalf of the respondents.
(i) On appreciation of the evidence of P.Ws.1 to 3 and placing reliance on Exs.A.1 to A.6 and Ex.B.1 i.e., certified copies of FIR, P.M.Certificate, Inquest report etc., and Ex.B.1- certified copy of insurance policy, the learned Tribunal was of the view that, in the instant case, the accident was due to the rash and negligent driving of the offending vehicle bearing No. AP 03/TC 1564 by its driver and passed an award granting compensation of Rs.36,81,479/- with interest @ 7.5% per annum, and with costs against Respondents 1 to 3 from the date of the claim petition till the date of deposit of the awarded amount.
(j) On appreciation of evidence, the following compensation was awarded by the Tribunal by applying the multiplier „17‟.11
S.No. Heads of compensation Amount of compensation awarded 1 Damages towards funeral Rs.10,000/-
expenses 2 Damages towards love & Rs.35,71,479/-
affection and dependency,
future income of the
deceased
3 Consortium to the 1st Rs.1,00,000/-
petitioner
Total Rs.36,81,479/-
(k) Aggrieved by, and dissatisfied with the said award passed by the learned Tribunal, the 3rd respondent- United India Insurance Company filed the appeal in M.A.C.M.A.No.2641 of 2017 on the ground that the learned Tribunal erred in fixing the liability and computing the compensation, contrary to the principles laid down in the Hon‟ble Apex Court‟s judgments.
(l) Having dissatisfied with the award, the claimants preferred the present appeal in M.A.C.M.A.No.3055 of 2017 seeking enhancement of compensation by modifying the award and prayed for awarding just compensation.
5. Learned counsel for the United India Insurance Company would submit that the Tribunal has not properly appreciated the evidence and committed illegality in awarding compensation, contrary to the principles laid down in the judgments of Hon‟ble Apex Court. It is further submitted that the figures/multiplier applied and the amount of compensation awarded by the 12 Tribunal are not justified, which called for interference of this Court.
6. Learned counsel for the claimants would submit that the Tribunal ought to have awarded higher compensation. Further, he would submit that the learned Tribunal had committed an error in not awarding compensation by applying the principle of 50% of future prospects by following the judgment of the Hon‟ble Apex Court in the case of National Insurance Company Vs. Pranay Sethi1. Further, he would submit that, if the Tribunal applied 50% of future prospects, the claimants would have got more compensation than awarded and the amount of compensation awarded by the Tribunal is not justified which called for interference of this Court.
7. In the light of the above rival arguments, the point for determination is:
Whether the compensation awarded by the Tribunal is not in accordance with the principles of law and requires enhancement?
8. POINT: Considered the submissions of the learned counsels representing the parties, perused and assessed the entire evidence including the exhibited documents. A perusal of the impugned award would show that the Tribunal has framed Issue 1 2017 ACJ 2700 (SC) 13 No.1 as to whether the accident occurred due to the rash and negligent driving of the driver of the Eicher Van bearing No.AP 03/TC 1564 or due to rash and negligent riding of the rider of the Hero Honda motorcycle bearing Reg.No.TN 04/T 0383 or by both, to which the Tribunal after considering the evidence of P.Ws.1 to 3 coupled with the documentary evidence, gave finding in Para-16 of the award that the accident occurred due to the rash and negligent driving of the offending vehicle bearing No.AP 03 TC 1564 by its driver (1st respondent) and has answered in favour of the claimants and against the respondents/opponents. Therefore, I see no reason to interfere with the findings of the Tribunal that the accident occurred due to the rash and negligent driving of the offending vehicle bearing No. AP 03 TC 1564 and further observed that as per Ex.B.1/Copy of Insurance Policy, the offending vehicle was covered with the Insurance by the date of the accident. Ex.B.1 shows that the said policy was in force from the mid night of 31.01.2014 till the mid night of 30.01.2015 and the accident occurred on 22.12.2014. Therefore, the offending vehicle was covered by the insurance policy by the date of the accident.
9. The Tribunal, while assessing the compensation payable to the claimants, took into consideration Ex.A6 pay slip of the 14 deceased for the month of November, 2014, which shows the monthly salary (gross) last drawn by the deceased was Rs.16,673/- in November, 2014, which is the preceding month of the accident i.e., 22.12.2014, and he was working as a Driver Grade-II in APSRTC.
10. The Hon‟ble Supreme Court of India in Sarla Verma Vs. Delhi Transport Corporation2, in Para 9 held as follows:
9. Basically only three facts need to be established by the claimants for assessing compensation in the case of death :
(a) age of the deceased; (b) income of the deceased; and the
(c) the number of dependents. The issues to be determined by the Tribunal to arrive at the loss of dependency are (i) additions/deductions to be made for arriving at the income;
(ii) the deduction to be made towards the personal living expenses of the deceased; and (iii) the multiplier to be applied with reference of the age of the deceased. If these determinants are standardized, there will be uniformity and consistency in the decisions. There will lesser need for detailed evidence. It will also be easier for the insurance companies to settle accident claims without delay.
11. A perusal of Ex.A.6-Pay slip of the deceased would show that the date of birth of the deceased is 04.03.1980 and therefore, by the date of death of the deceased, he was aged about 34 years 9 months and 18 days. Since the deceased was a salaried employee, and he was between the age group of 31 to 35 years by the date of the accident, 50% of his actual salary has to be added towards future prospects for the assessment of his 2 2009 ACJ 1298 (SC) 15 income as per the guidelines laid down in Pranay Sethi's case at Para 59.3 wherein it was held as follows:
"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."
12. In view of the principles laid down in Pranay Sethi's case (supra), the Tribunal ought to have added 50% of his actual income towards future prospects for the determination of his income. But, the Tribunal committed an error in not taking into consideration of future prospects.
13. The Tribunal further committed an error in applying the multiplier „17‟ in contrary to the judgment of Sarla Verma's case (supra), wherein, the loss of dependency was thus re-assessed as under.
21. 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, 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.
14. Evidently, the deceased was survived by his wife, minor child (son), father, and mother. Therefore, the number of his 16 dependent family members is „four‟. The Hon‟ble Supreme Court in Sarla Verma's case (supra) held that the deduction towards personal and living expenses should be 1/4th. The observation of the Hon‟ble Apex Court in Sarla Verma's case is as under:
"14. 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 standardized deductions. Having 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 dependant family members is 4 to 6, and one-fifth (1/5th) where the number of dependant family members exceed six."
15. In view of the law laid down in Pranay Sethi's case, the actual salary should be read as actual salary less tax. Therefore, the Tribunal ought to have taken into consideration of the actual salary by applying the multiplier „16‟ as per the law laid down in Sarla Verma‟s case. Similarly, 1/4th of the income of the deceased has to be deducted towards his personal and living expenses, since the number of his dependent family members is four. Evidently the deceased was working as a Driver Grade-II in APSRTC and at the time of his death, he was a permanent employee and was between the age group of 31 - 35 years. Therefore 50% of his actual income has to be added towards future prospects for determination of his income 17 pursuant to the directions of the Hon‟ble Supreme Court in Pranay Sethi's case vide Paragraph 59.3 cited supra.
16. Taking into consideration the principles laid down in the above judgments, the monthly gross salary of the deceased as per his Pay Slip/Ex.A.6 was Rs.16,673/-. Since the deceased was a salaried employee and he was between the age group of 31
- 35 years, an additional 50% of his actual salary is added towards future prospects for the assessment of income, and said 50% of his actual salary is worked out to Rs.16,673/- x 50% = Rs.8,336.50 p.s., which is rounded to Rs.8,336/-. The total monthly income of the deceased is thus worked out to Rs.25,009/- (Rs.16,673 + Rs.8,336). As per Sarla Verma's case (supra), 1/4th of the said amount (where the number of dependent family members is 4 to 6) has to be deducted towards his personal and living expenses. The said 1/4th of the monthly income is worked out to be (Rs.25,009 x ¼) = Rs.6,252. After deduction of the said amount from his monthly income towards living and personal expenses, the monthly income of the deceased came to be Rs.18,756/- and the annual income of the deceased is worked out at Rs.2,25,072/- (Rs.18,756 x 12). Since the deceased was between the age group of 31 - 35 years, at the time of his death, the multiplier „16‟ is to be applied for the 18 assessment of loss of dependency, as per the judgment of the Hon‟ble Supreme Court in Sarla Verma's case and the loss of dependency is to be assessed at Rs.2,25,072 x 16 = Rs.36,01,152/-.
17. Having applied the said multiplier, the loss of dependency would be Rs.36,01,152/-. This Court finds that the Tribunal has not awarded appropriate compensation towards future prospects and loss of dependency. A reading of the Tribunal‟s Award, makes it clear that the Tribunal‟s approach does not accord at all with current judicial opinion. Therefore, the claimants are entitled to a sum of Rs.36,01,152/- under the head of loss of dependency which would be substantive.
18. The Tribunal committed an error while awarding compensation under conventional heads viz., loss of estate, loss of consortium and funeral expenses, contrary to the principles laid down in Pranay Sethi's case and in the case of Magma General Insurance Company Ltd., Vs. Nanu Ram @ Chuhru Ram and others3.
Funeral expenses:
19. Under this conventional head the Tribunal wrongly awarded a sum of Rs.10,000/- towards funeral expenses. The 3 2018 ACJ 2782 (SC) 19 same is enhanced from Rs.10,000/- to Rs.15,000/- (as per the decision of the Constitution Bench in Pranay Sethi's case). Loss of Estate:
20. The Tribunal failed to award the compensation under this head. Therefore, this Court is of the view to award an amount of Rs.15,000/- under this head (as per the decision of the Constitution Bench in Pranay Sethi's case). Loss of Consortium:
21. The Tribunal awarded a sum of Rs.1,00,000/- under this head which is not in conformity with the judgment of the Hon‟ble Apex Court in Pranay Sethi's case. Therefore, the same is to be reduced to Rs.40,000/-.
22. The Hon‟ble Supreme Court explained the concept of consortium in Nanu Ram's case (supra) and held that the consortium is a compendious term, which encompasses "spousal consortium", "parental consortium", as well as "filial consortium". Observation of the Court in Paragraphs 21, 22, 23 and 24 is as follows:
"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 20 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, MAC.App 77/2019 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. 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 21 deceased, an amount of Rs.40,000 each for loss of filial consortium."
23. Pursuant to the decision in Nanu Ram‟s case(supra), the 2nd claimant, who is the son of the deceased is entitled to the consortium of Rs.40,000/- for the loss of parental aid, protection, affection in society, discipline, guidance and training, and the 3rd & 4th claimants, being father and mother of the deceased are also entitled to the consortium of Rs.40,000/- each for the for loss of the love, affection, care, and companionship of the deceased instead of compensation under the head of loss of love and affection. The 1st claimant being the wife, the 2nd claimant being son, 3rd and 4th claimants being his father and mother are entitled to the compensation of Rs.40,000/- each. Therefore, this Court is of the view that the claimants 2 to 4 are also entitled to a sum of Rs.40,000/- each under the head of Consortium.
24. In Sarla Verma's case (supra) the Hon‟ble Apex Court, while elaborating the concept of „just compensation‟ observed as under:
"Just compensation is adequate compensation which is fair and equitable, on the facts and circumstances of the case, to make good the loss suffered as a result of the wrong, as far as money can do so, by applying the well settled principles relating to award of compensation. It is not intended to be a bonanza, largesse or source of profit."22
25. In view of the ratio decided by the Hon‟ble Apex Court in the judgments cited supra, and the calculations made above, the compensation payable to the claimants, is re-assessed as under.
S.No. Heads of Compensation Amount of
compensation awarded
1 Loss of Dependency Rs. 36,01,152.00
(Rs.18,756 x 12 x 16 =
Rs.36,01,296/-)
2 Loss of Estate Rs. 15,000.00
3 Funeral Expenses Rs. 15,000.00
4 Loss of Consortium Rs. 1,60,000.00
To the wife, son, father and
mother
Of the deceased 40,000 x 4
Total Rs. 37,91,152.00
(-) Compensation Rs. 36,81,479.00
awarded By the Tribunal
Enhanced amount Rs. 1,09,673.00
26. As per the decision of the Hon‟ble Supreme Court of India in the case of Nagappa Vs. Gurudayal Singh and others4, under the provisions of the Motor Vehicles Act, 1988, there is no restriction that compensation could be awarded only upto the amount claimed by the claimant. In an appropriate case, where from the evidence brought on record, if Tribunal- Court considers that the claimant is entitled to get more compensation than claimed, the Tribunal may pass such an award. There is no embargo to award compensation more than 4 (2003) 2 SCC 274 23 that claimed by the claimant. Rather it is obligatory for the Tribunal and Court to award "just compensation", even if it is in the excess of the amount claimed. The Tribunals are expected to make an award by determining the amount of compensation that should appear to be just and proper. The compensation as awarded by the Claims Tribunal, against the background of the facts and circumstances of the case, is not just and reasonable, and the claimants are entitled to more compensation, as per the decisions cited supra, though they might not have claimed the same at the time of filing of the claim petition.
27. Therefore, in view of the foregoing discussion, we are of the opinion that the award passed by the Tribunal warrants interference. The compensation is enhanced from Rs.36,81,479/- to Rs.37,91,152/-.
28. Consequently M.A.C.M.A.No.2641 of 2017 preferred by the M/s.United India Insurance Company is hereby dismissed.
29. Whereas, the other M.A.C.M.A.No.3055 of 2017 preferred by the claimants is hereby allowed with costs, enhancing the compensation from a sum of Rs.36,81,479/- to Rs.37,91,152/- with interest @ 7.5% per annum from the date of the petition till the date of deposit, against the Respondents 1 to 3 jointly and severally.
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(ii) The respondents are directed to deposit the compensation amount within two months from the date of this judgment, failing which execution can be taken out against them.
(iii) The claimants are directed to pay the requisite Court-fee in respect of the enhanced amount awarded over and above the compensation awarded by the Tribunal.
(iv) Rest of the directions given by the Tribunal with regard to the entitlement of the claimants in withdrawing the amount shall remain unaltered.
(v) The impugned award of the learned Tribunal stands modified to the aforesaid extent and in the terms and directions as above.
(vi) As a sequel, interlocutory applications pending for consideration, if any, shall stand closed.
JUSTICE M.GANGA RAO JUSTICE DUPPALA VENKATA RAMANA Date: 17.03.2023 L.R.Copy to be marked Dinesh Mjl/* 25 THE HON'BLE SRI JUSTICE M.GANGA RAO AND THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA M.A.C.M.A.Nos.2641 AND 3055 of 2017 (Per Hon'ble Sri Justice Duppala Venkata Ramana) 17.03.2023 L.R.Copy to be marked Dinesh Mjl/*