Contributory negligence and standardized computation of compensation under Sarla Verma and Pranay Sethi guidelines.

On 25.10.2013, the deceased individuals, Santarabai and Bhuvan Satnami, were riding pillion on a motorcycle (carrying three persons in total) when they were hit from behind by a rashly driven truck near village Baldidih on NH-53. Both died on the spot.

The claimants (dependents of the deceased) filed applications before the Additional Motor Accident Claims Tribunal, Mahasamund. In Case No. 41/2014 (Santarabai), the Tribunal awarded Rs. 2,10,000 (after 50% deduction for contributory negligence).

In Case No. 40/2014 (Bhuvan), the Tribunal awarded Rs. 1,12,000 (after 50% deduction).

The claimants appealed for enhancement, arguing that the assessments of income, future prospects, and non-pecuniary heads were insufficient.

1. Whether the compensation awarded by the Tribunal was "just and proper" regarding income assessment, future prospects, and non-pecuniary heads.

2. Whether the Tribunal’s finding of 50% contributory negligence on the part of the motorcycle driver (carrying three persons) was legally sustainable.

The court primarily applied the Minimum Wages Act to determine income in the absence of documentary evidence, utilizing the scheduled rates for laborers at the time of the accident.

It relied on National Insurance Company Ltd. v. Pranay Sethi (2017) to award a 10% addition for future prospects and standardized amounts for loss of estate and funeral expenses.

The court applied Sarla Verma v. DTC (2009) to determine the correct multiplier and deductions for personal expenses based on the age and number of dependents.

The court utilized Magma General Insurance Co. Ltd. v. Nanu (2018) to grant "Parental/Spousal/Filial Consortium" (love and affection) at Rs. 40,000 per claimant.

The Court found the Tribunal’s income assessment of Rs. 3,000/month too low, revising it to Rs. 5,163/month based on minimum wage notifications for 2013.

Applying Pranay Sethi, the court added 10% for future prospects and corrected the multiplier from 8 to 9 given the deceased were aged 60.

Regarding Case No. 1227/2016, the court adjusted the personal expense deduction from 1/6th to 1/4th as there were six claimants.

Crucially, the court upheld the 50% deduction for contributory negligence, as the motorcycle was carrying three people, which contributed to the accident.

Non-pecuniary damages were significantly increased following the Magma General guidelines to include Rs. 40,000 for each claimant under "love and affection".

In MAC No. 1227/2016, the court increased the award from Rs. 2,10,000 to Rs. 3,65,013. In MAC No. 1226/2016, the court increased the award from Rs. 1,12,000 to Rs. 1,88,337.

The court affirmed the "pay and recover" order against the insurer due to a policy breach and directed the Registry to communicate the enhancement to the claimants in Hindi via legal aid workers.