Facts
The Motor Accident Claims Tribunal, Banaskantha at Deesa, awarded the claimants Rs. 10,48,000 for the death of Bhavansinh in an accident involving a tractor and trailer
Source reference: p. 1–2It assessed monthly income at Rs. 3,000, added 50% for future prospects, and awarded amounts under several conventional heads, including loss of consortium and loss of love and affection
Source reference: p. 2–3The insurer appealed, contending that the award required recalculation in light of National Insurance Co. Ltd. v. Pranay Sethi and Magma General Insurance Co. v. Nanu Ram
Source reference: p. 3–4The claimants’ counsel agreed with the insurer’s submissions
Source reference: p. 4Issues
1. Whether the Tribunal’s calculation of compensation, including the addition for future prospects and deduction for personal expenses, required modification.
Source reference: p. 3–42. Whether the amounts awarded under consortium, loss of love and affection, loss of estate, and funeral expenses required revision under the applicable Supreme Court decisions.
Source reference: p. 3–4Law Applied
The Court relied on National Insurance Co. Ltd. v. Pranay Sethi, 2017 (16) SCC 680, for recalculating future prospects and conventional heads of compensation, and on Magma General Insurance Co. v. Nanu Ram @ Charu Ram, AIRONLINE 2018 SC 189, in addressing consortium and the separate award for loss of love and affection.
Source reference: p. 3–4The judgment identifies no specific statutory provision as the basis for its recalculation.
Source reference: p. 3–5Reasoning
The Court recalculated compensation using monthly income of Rs. 3,000, a 40% increase for future prospects (Rs. 1,200), a deduction of Rs. 1,050 for personal expenses, and multiplier 16, producing dependency compensation of Rs. 6,04,800.
Source reference: p. 4It increased consortium to Rs. 1,83,600, retained Rs. 20,000 for pain, shock and suffering and Rs. 5,000 for transportation and medical expenses, and set loss of estate and funeral expenses at Rs. 18,150 each; it deleted the separate award for loss of love and affection.
Source reference: p. 4The revised figures in the table total Rs. 8,49,700, although the judgment states a total of Rs. 8,59,100.
Source reference: p. 4Holding
The appeal was partly allowed, and the Tribunal’s award was modified.
The Court held the insurer liable for compensation of Rs. 8,59,100 with interest at 8% per annum from the date of the claim petition until realization, directed that the excess over the original award be refunded to the insurer, and ordered disbursement of the remaining compensation to the claimants.
Source reference: p. 5The stated total of Rs. 8,59,100 does not correspond to the sum of the revised heads listed in the judgment, which total Rs. 8,49,700.
Source reference: p. 4–5Original Court PDF
I.C.I.C.I LOMBARD GENERAL INSURANCE COMPANY LTD.vsVARSHABEN WD/O. BHAVANSING RANAJI JADAV (THAKOR)
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