Each dependent is entitled to consortium with the applicable 20% escalation.

The appellants—deceased Mohammed Dadapeer’s wife, two minor children and mother—sought compensation for his death in a road accident on 8 May 2023 involving a tipper lorry.

The Motor Accident Claims Tribunal awarded ₹24,83,500, including ₹23,62,500 for loss of dependency, and applied 6% annual interest.

The claimants appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Claims Tribunal.

In assessing dependency compensation, the Court considered the deceased’s age, applicable multiplier, income, future prospects and deduction for personal expenses.

Applying National Insurance Co. v. Pranay Sethi, AIR 2017 SC 5157, the Court applied 40% future prospects and 20% escalation to conventional heads, as the accident occurred more than six years after that decision.

The Court took the deceased’s age as 38, based on the Aadhaar card, and applied a multiplier of 15. It assessed his monthly income at ₹16,250, added 40% for future prospects, and retained the Tribunal’s one-third deduction for personal expenses, producing loss of dependency of ₹30,71,250.

It awarded consortium of ₹48,000 to each of the four claimants and increased funeral expenses and loss of estate to ₹18,000 each, applying 20% escalation to those conventional heads.

The insurer was directed to deposit the enhanced amount with interest within six weeks; the claimants were given equal shares, with the minors’ shares to remain in fixed deposits until they attain majority.