Punjab-Haryana High Court
Krishna Devi & Anr vs Balbir Singh & Ors on 12 December, 2022
S. No.212
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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FAO No.4802 of 2016 (O&M)
Date of Decision:12.12.2022
Krishna Devi and another .....Appellants
Vs.
Balbir Singh and others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Ashish Jhamb, Advocate for Mr. Rajbir Singh Arya,
Advocate for the appellants.
Mr. P.S. Sullar, Advocate for the Oriental Insurance Co. Ltd.
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DEEPAK GUPTA, J.
By way of this appeal, claimants challenge the award dated 23.02.2016 passed by Ld. Motor Accident Claims Tribunal, Karnal, whereby compensation of Rs.6,98,000/- has been allowed on account of death of an unmar- ried 18 year old boy Surender Kumar. Claimants are the parents of the deceased. Appeal is qua the quantum of compensation only.
2. Driver/ owner and Insurance Company having not filed any appeal, so it remains undisputed that accident was caused on 15.01.2013 due to rash and negligent driving of offending vehicle, i.e. Canter No.HR-45-5575.
3. The contention of learned counsel for appellants is that deceased was 18 years old. He was a brilliant student of 10+1 and that even the minimum wag- es in January, 2013 in Haryana were more than ₹5,500/- per month and so, his no- tional income at ₹4,000/- per month has been taken by the Tribunal on lower side.
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4. Heard.
5. Date of birth of deceased Surender Kumar has been found by the tri- bunal to be 03.03.1994, which means that he was 19 years of age at the time of his accidental death.
6. As per the findings of the learned Tribunal, deceased was a student of 10+1. Considering the young age of the deceased and the fact that he had already passed matriculation examination, the notional income at ₹4,000/- per month has been assessed on lower side. As rightly pointed out by learned counsel that even the minimum wages for skilled person in Haryana in 2013 were approximately 45,850/- per month. Taking into mind the said fact, notional income of the de- ceased- Surender is to be taken at ₹6,000/- per month. Thus, annual notional in- come of the deceased works out to ₹72,000/-. Deceased being below 40 years of age, so 40% of the amount is liable to be added towards future prospects. After adding this amount, notional earnings of the deceased works out to be ₹1,00,800/- per annum.
7. Admittedly deceased was a bachelor. In Sarla Verma's case, Hon'ble Supreme Court held as under:
"31. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bache- lors, normally 50 per cent is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on him- self. 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 Page No.2 out of 6 pages 2 of 6 ::: Downloaded on - 15-12-2022 03:32:17 ::: a dependent and the mother alone will be considered as a dependent. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependents, 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 the mother would be considered to be a dependent and 50 per cent would be treated as the personal and living expenses of the bachelor and 50 per cent as the contribution to the family. However, where fami- ly 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 young- er 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."
8. Thus, in case of death of unmarried child, only the mother of the de- ceased is entitled to compensation and, therefore, deduction of one half is to be made towards personal expenses. After making this deduction dependency works out to ₹50,400/-. Deceased being in the age bracket of 15 to 20, appropriate mul- tiplier will be '18' and so, compensation for loss of dependency works out to 450,400/- x 18 = ₹9,07,200/-.
9. It has been held in Magma General Insurance Co. Ltd. Vs. Nanu Ram, (2018) 18 SCC 130 that the word 'consortium' includes spousal consor- tium, parental consortium as well as filial consortium. Referring to the said au- thority, it has been further held by Hon'ble Supreme Court in United India Insur- ance Co. Ltd. Vs. Satinder Kaur @ Satwinder Kaur & others, 2020(3) R.C.R. (Civil) 75, as under:-
"In Magma General Insurance Co. Ltd. v. Nanu Ram & Ors., (2018 18 SCC 130: 2018(4) RCR (Civil) 333 this Court interpreted "consortium"
Page No.3 out of 6 pages 3 of 6 ::: Downloaded on - 15-12-2022 03:32:17 ::: to be a compendious term, which encompasses spousal consortium, paren- tal consortium, as well as 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. 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.
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 and affection, and their role in the fami- ly unit.
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 permit par- ents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is the compensation for loss of love and affection, care and companionship of the deceased child. The Motor Vehicles Act, 1988 is a beneficial legislation which has been framed with the object of 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 award- ed loss of consortium under the head of Filial Consortium. Parental Consortium is awarded to the children who lose the care and pro- tection of their parents in motor vehicle accidents. The amount to be awarded for loss consortium will be as per the amount fixed in Pranay Sethi (supra)."
10. Having regard to the legal position as above, claimants being parents of the deceased cannot be denied the compensation under the head of filial consor- tium on account of death of their beloved son.
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11. In Pranay Sethi's case (announced by Hon'ble Supreme Court on 31st October 2017), while allowing allowing ₹40,000/- for loss of consortium; ₹ 15,000/- for funeral expenses and ₹15,000/- for loss of estate, it was held that these amounts should be enhanced @ 10% in every three years. Said addition was also allowed by Hon'ble Supreme Court in N. Jayshree & others Vs. Cholaman- dalam MS General Insurance Company Ltd., 2021(4) RCR (Civil) 642.
12. In view of above, it is held that the compensation towards funeral ex- penses; loss of estate and loss of consortium are to be allowed with 10% increase in the amounts as above i.e. ₹16,500/- for funeral expenses; ₹16,500/- for loss of estate; and ₹44,000/- each for loss of filial consortium.
13. On account of above discussion, total compensation amount payable to the claimants works out to be ₹19,66,600/- under various heads, as per follow- ing details:-
Sr. No. Head of compensation Amount.
1. Loss of dependency ₹9,07,200-00
2. Loss of filial consortium to petitioners. ₹88,000-00 i.e. ₹
44,000/- each.
3. Funeral expenses. ₹16,500-00
4. Loss of estate. ₹16,500-00
Total ₹10,28,200-00
14. After deducting the amount of ₹6,98,000/- already awarded by the Tribunal, the enhanced compensation is held to be ₹3,30,200/-. To take it in round figure, the enhanced compensation is held to be ₹3,30,000/-. Claimants are al- lowed the same along with interest @ 7.5 % per annum from the date of filing of the petition till realisation. It is made clear that claimant- father will be entitled to only ₹44,000/- (loss of filial consortium) along with proportion interest; whereas Page No.5 out of 6 pages 5 of 6 ::: Downloaded on - 15-12-2022 03:32:17 ::: rest of the amount is to be paid to the claimant- mother.
Appeal is disposed of accordingly.
December 12, 2022 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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