Supreme Court - Daily Orders
Kishan Devi vs Oriental Insurance Co. Ltd. on 14 August, 2018
Bench: Ranjan Gogoi, Navin Sinha, K.M. Joseph
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).8262 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL)
NO.32396 OF 2017]
KISHAN DEVI & ORS. ...APPELLANT(S)
VERSUS
ORIENTAL INSURANCE CO. LTD.
& ORS. ...RESPONDENT(S)
ORDER
1. Leave granted.
2. This quantum appeal raises several questions as to what would be just compensation awardable under the provisions of the Motor Vehicles Act, 1988.
3. The first issue is with regard to the correct multiplier to be adopted in the case of death of a bachelor. Whether it is the age of the deceased or the age of the claimant that should be taken into account.
The second is whether a self-employed person, to which category the deceased (about 38 years of age) belonged would be entitled to future prospects. Signature Not Verified Digitally signed by VINOD LAKHINA Date: 2018.08.21 17:13:51 IST Reason: 2
4. The last question is whether the award of damages for loss of estate [Rs.25,000/- (Rupees Twenty five thousand); loss of love and affection [Rs.1,00,000 (Rupees one lakh)] and funeral expenses [Rs.25,000/- (Rupees Twenty five thousand)) is correct.
5. The above issues are no longer res integra in view of the decision of the Constitution Bench of this Court in the case of National Insurance Company Limited vs. Pranay Sethi and others1
6. Answering the first question, after an elaborate discussion, the Constitution Bench of this Court in paragraph 59.7 of the decision in Pranay Sethi (supra) has categorically held that the age that should be taken into account for adoption of the multiplier is the age of the deceased.
7. Though an argument has been advanced on behalf of the respondent – Insurer that an exception should be carved out where the deceased is a bachelor, we find no room to accept the contention advanced in view of the clear enunciation of the
1. (2017) 16 SCC 680 3 law in this regard by the Constitution Bench of this Court in Pranay Sethi (supra).
8. The Constitution Bench of this Court in paragraph 59.4 of the report in Pranay Sethi (supra) has also held that depending on the age of the deceased future prospects can be awarded where the deceased was a self-employed person. In the present case, the deceased was about 38 years of age. Accordingly, the claimants would be entitled to future prospects at the rate of 40% of the income.
9. So far as the loss of estate, loss of consortium and funeral expenses are concerned, the Constitution Bench of this Court in paragraph 59.8 in Pranay Sethi (supra) has held that the appropriate amount under the said Heads would be Rs.15,000/- (Rupees Fifteen thousand), Rs.40,000/- (Rupees Forty thousand) and Rs.15,000/-(Rupees Fifteen thousand) respectively, totalling Rs.70,000/- (Rupees Seventy thousand) in all.
10. Consequently, so far as the loss of estate, loss of love and affection and funeral expenses are concerned, following the decision of the 4 Constitution Bench in Pranay Sethi (supra) a total of Rs.70,000/- (Rupees Seventy Thousand) is awarded. Calculated thus, the total entitlement of the claimants – appellants would work out to Rs.8,82,520/- [Rs.4,514/- (monthly loss of dependency taking into account the future prospects and after deducting 50%) x 12 x 15 (multiplier) = 8,12,520/- + Rs.70,000 on account of loss of love and affection, loss of estate and funeral expenses]
11. The claimants will also be entitled to interest at the rate of 9% per annum from the date of the award i.e. 5th August, 2013 on the enhanced amount of compensation in terms of the present order.
12. The appeal is disposed of in the above terms.
.................,J.
(RANJAN GOGOI) ..................,J.
(NAVIN SINHA) ..................,J.
(K.M. JOSEPH)
NEW DELHI
AUGUST 14, 2018
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ITEM NO.12 COURT NO.2 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 32396/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 05-04-2016 IN MACA NO. 1010/2013 PASSED BY THE HIGH COURT OF DELHI AT NEW DELHI) KISHAN DEVI & ORS. PETITIONER(S) VERSUS ORIENTAL INSURANCE CO. LTD. & ORS. RESPONDENT(S) Date : 14-08-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Rahul Rohtagi, Adv.
Mr. Syed Ajmal Hasan, Adv. Mr. Somanatha Padhan, AOR For Respondent(s) Mr. Abhishek Kumar, Adv.
Mr. Sudhir Naagar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]