Full Judgment Text
2025 INSC 1220
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal Nos. _____ of 2025
(@Special Leave Petition (C) Nos.5687-88 of 2020)
Smt. Chandra Kala & Ors.
…Appellants
Versus
ICICI Lombard Motor Insurance
Company Limited & Ors.
…Respondents
O R D E R
Leave granted.
2. The appeal is against the quantum of award. The award
of the Tribunal was challenged in first appeal by both the
claimants and the Insurance Company.
3. The appellants contended that the deceased was a
Mason and was earning an income of Rs. 400 per day. The
Tribunal found that there was no documentary proof and
adopted the income of Rs. 189 per day, which the High Court
confirmed was the accepted daily wage at the time when the
Signature Not Verified
Digitally signed by
POOJA SHARMA
Date: 2025.10.11
15:10:23 IST
Reason:
accident occurred.
Page 1 of 4
CA @ SLP (C) Nos.5687-88 of 2020
4. Ramachandrappa vs. Manager, Royal Sundaram
1
Alliance Insurance Company Limited held that a Coolie
would be entitled to a minimum wage of Rs. 4,500/- in a month;
with reference to an accident that occurred in 2004.
Considering an incremental increase of Rs.500/- for every
year, in 2014, when the accident in the present case occurred
even a Coolie would have been entitled to Rs. 9,500/- per
month. There can be no documentary proof offered for the
income of a Mason, who is also a skilled worker. In any event,
it would be safe to adopt a monthly income of Rs. 9,500/- The
2
High Court, considering the decision in Pranay Sethi ,
adopted a multiplier of 14 for the 43-year-old deceased, and
also made an addition of 25% for future prospects and
th
deducted 1/4 for personal expenses, which computation is
perfectly in order.
5. As compensation for loss of consortium, the High Court
has awarded an amount of Rs. 40,000/-. In fact, it was held that
loss of parental and filial consortium is payable to wife and
1
(2011) 13 SCC 236
2
(2017) 16 SCC 680
Page 2 of 4
CA @ SLP (C) Nos.5687-88 of 2020
children at the rate of Rs. 40,000/- each in New India
3
Assurance Company v. Somwati and Ors. In the present
case, the wife and three minor children of the deceased were
before Court claiming compensation for the death of the only
breadwinner of their family. All the claimants are entitled to
Rs. 40,000/- each for loss of consortium. In addition, on the
conventional heads of loss of estate and funeral expenses,
amount of Rs. 15,000/- each is awarded.
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal Nos. _____ of 2025
(@Special Leave Petition (C) Nos.5687-88 of 2020)
Smt. Chandra Kala & Ors.
…Appellants
Versus
ICICI Lombard Motor Insurance
Company Limited & Ors.
…Respondents
O R D E R
Leave granted.
2. The appeal is against the quantum of award. The award
of the Tribunal was challenged in first appeal by both the
claimants and the Insurance Company.
3. The appellants contended that the deceased was a
Mason and was earning an income of Rs. 400 per day. The
Tribunal found that there was no documentary proof and
adopted the income of Rs. 189 per day, which the High Court
confirmed was the accepted daily wage at the time when the
Signature Not Verified
Digitally signed by
POOJA SHARMA
Date: 2025.10.11
15:10:23 IST
Reason:
accident occurred.
Page 1 of 4
CA @ SLP (C) Nos.5687-88 of 2020
4. Ramachandrappa vs. Manager, Royal Sundaram
1
Alliance Insurance Company Limited held that a Coolie
would be entitled to a minimum wage of Rs. 4,500/- in a month;
with reference to an accident that occurred in 2004.
Considering an incremental increase of Rs.500/- for every
year, in 2014, when the accident in the present case occurred
even a Coolie would have been entitled to Rs. 9,500/- per
month. There can be no documentary proof offered for the
income of a Mason, who is also a skilled worker. In any event,
it would be safe to adopt a monthly income of Rs. 9,500/- The
2
High Court, considering the decision in Pranay Sethi ,
adopted a multiplier of 14 for the 43-year-old deceased, and
also made an addition of 25% for future prospects and
th
deducted 1/4 for personal expenses, which computation is
perfectly in order.
5. As compensation for loss of consortium, the High Court
has awarded an amount of Rs. 40,000/-. In fact, it was held that
loss of parental and filial consortium is payable to wife and
1
(2011) 13 SCC 236
2
(2017) 16 SCC 680
Page 2 of 4
CA @ SLP (C) Nos.5687-88 of 2020
children at the rate of Rs. 40,000/- each in New India
3
Assurance Company v. Somwati and Ors. In the present
case, the wife and three minor children of the deceased were
before Court claiming compensation for the death of the only
breadwinner of their family. All the claimants are entitled to
Rs. 40,000/- each for loss of consortium. In addition, on the
conventional heads of loss of estate and funeral expenses,
amount of Rs. 15,000/- each is awarded.
| Sr. No. | Particulars | Amounts |
|---|---|---|
| 1. | Compensation for loss of future<br>income<br>(Rs.9,500 x 12 x 14 x 125% x ¾) | Rs. 14,96,250/- |
| 2. | Loss of consortium<br>(Rs.40,000 x 4) | Rs. 1,60,000/- |
| 3. | Loss of estate | Rs.15,000/- |
| 4. | Funeral expenses | Rs.15,000/- |
| Total | Rs.16,86,250/- |
3
(2020) 9 SCC 644
Page 3 of 4
CA @ SLP (C) Nos.5687-88 of 2020
6. The awarded amounts shall be paid, after deducting that
already paid, with interest @ 6% per annum as directed by the
Tribunal from the date of application till the date of payment.
7 . The appeals stand allowed with the above-said
modifications.
8. Pending application(s), if any, shall stand disposed of.
…….…………..………………. J.
(K. VINOD CHANDRAN)
…….…………..………………. J.
(N.V. ANJARIA)
NEW DELHI;
SEPTEMBER 26, 2025.
Page 4 of 4
CA @ SLP (C) Nos.5687-88 of 2020