Fatal accident compensation must include future prospects and consortium for each dependent.

On 14 October 2010, the deceased, Dineshbhai Naginbhai Vasava, was riding a motorcycle with a friend when a tempo allegedly driven rashly and from the wrong side collided with it.

The deceased sustained fatal injuries, and an FIR was registered at Valia Taluka Police Station.

The Motor Accident Claims Tribunal, Bharuch, awarded the claimants ₹7,26,600 with 9% interest in MACP No. 115 of 2010.

The claimants appealed under Section 173 of the Motor Vehicles Act, 1988, contending that the compensation was inadequate

Whether the Tribunal’s assessment of compensation required appellate interference and enhancement to secure just compensation

If so, what enhanced compensation were the claimants entitled to receive

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Motor Accident Claims Tribunal

The Court applied the principle that compensation under the Act must be just, fair, reasonable, and equitable.

In assessing compensation, a Tribunal should take a holistic and pragmatic approach, make a realistic approximation of the loss, and avoid a niggardly assessment; exact arithmetical reparation for death or injury is not possible

The Court considered the parties’ submissions and the Tribunal record and concluded that the Tribunal had erred in assessing compensation

Applying the just-compensation principle, it recalculated dependency using a monthly income of ₹3,880, a 40% addition for prospective income, a one-fourth deduction for personal expenses, and a multiplier of 17, arriving at ₹8,31,096 for loss of dependency.

It also assessed consortium for six dependants at ₹2,90,400, funeral expenses at ₹18,150, conventional heads at ₹18,150, and pain, shock and suffering at ₹15,000, producing total compensation of ₹11,72,796

The Court held that the claimants were entitled to enhanced compensation of ₹4,46,196 over the Tribunal’s award, with interest at 9% per annum from the date of the claim petition until realization

The Insurance Company was directed to deposit the enhanced amount with interest before the Tribunal within eight weeks; the Tribunal was directed to disburse the awarded amount after verification and deduction of any unpaid court fees.

The Tribunal’s remaining directions were left undisturbed