Loss of love and affection cannot be awarded separately from consortium in fatal accident claims.

The respondents, Gunasundari and Selvaraj, were the parents of Santhanam, aged approximately 29 years, who died in a road accident on 1 July 2018 when a bus bearing registration No. TN-19-2427, owned by PSB Polytechnic College, allegedly driven rashly and negligently, struck him and his friend near Iyyappan Koil on the Chengalpattu bye-pass road.

The deceased was employed as a mechanic at White House, Guduvancheri, and was stated to be earning Rs.14,256 per month.

The parents filed MCOP No.137 of 2018 before the Motor Accident Claims Tribunal, Chengalpattu, restricting their claim to Rs.25 lakhs.

The Tribunal held that the accident resulted from the negligent driving of the bus driver and fastened joint and several liability on the vehicle owner and the Insurance Company.

The Insurance Company preferred the present appeal under Section 173 of the Motor Vehicles Act.

Whether the Tribunal erred in determining the deceased’s loss of dependency by applying a 50% addition towards future prospects instead of the legally applicable percentage of 40%?

Whether the Tribunal correctly deducted the deceased’s personal expenses and applied the appropriate multiplier in assessing loss of earning?

Whether the compensation awarded under the heads of loss of love and affection, loss of consortium, pain and suffering, transportation, and damage to clothing/articles and vehicle required modification?

Whether the Insurance Company established contributory negligence or breach of policy conditions sufficient to avoid or reduce its liability?

Whether the Insurance Company and the vehicle owner remained jointly and severally liable to satisfy the compensation award?

The Court exercised appellate jurisdiction under Section 173 of the Motor Vehicles Act.

Under National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, an addition of 40% to established income is applicable towards future prospects where the deceased was below 40 years of age and was self-employed or on a fixed salary; for a bachelor, 50% of the income is ordinarily deducted towards personal expenses.

The multiplier method was applied with the multiplier of 17.

Under Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 113, consortium includes parental, spousal and filial consortium, and parents may receive compensation for filial consortium.

Under United India Insurance Co. Ltd. v. Satinder Kaur, (2021) 11 SCC 780, loss of love and affection is subsumed within consortium and cannot be awarded as a separate head.

Relying on Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, the Court held that no separate amount should be awarded to the legal representatives under the head of pain and suffering in a fatal accident claim where the victim died immediately.

The Court found that the Tribunal had improperly applied a 50% addition towards future prospects.

Since the deceased was below 40 years of age and was employed in a private concern, the Court applied the 40% enhancement mandated by Pranay Sethi.

On a monthly income of Rs.14,256, the enhanced income was rounded to Rs.20,000; after deducting 50% for personal expenses, the monthly contribution to the dependants was fixed at Rs.10,000.

Applying the multiplier of 17, the loss of earning was recalculated at Rs.20,40,000.

The Court increased transportation expenses from Rs.5,000 to Rs.10,000 and damages for clothing, articles and vehicle from Rs.1,000 to Rs.5,000, having regard to the severity of the accident and the injuries sustained.

Since the deceased died immediately, the separate award of Rs.1,00,000 for pain and suffering was deleted.

Applying Magma General Insurance and Satinder Kaur, the Court treated loss of love and affection and loss of consortium as one head and awarded Rs.88,000 in total, rather than allowing both heads separately.

Although the Insurance Company raised contentions concerning non-use of a helmet, invalid licensing, intoxication and contributory negligence, the Court did not record any finding reducing liability on those grounds.

The finding that the bus driver was negligent and that the policy was in force remained undisturbed; consequently, the owner and insurer continued to be jointly and severally liable.

The compensation was reduced from Rs.24,58,168 to Rs.21,76,000 by revising the loss of earning, deleting compensation for pain and suffering, consolidating love and affection with consortium, and modifying certain incidental heads.

The Insurance Company and PSB Polytechnic College were held jointly and severally liable to pay Rs.21,76,000 with costs and interest at 7.5% per annum from 1 November 2018 until deposit, within eight weeks, after adjusting any amount already deposited.

Each parent was held entitled to Rs.10,88,000 with proportionate interest.

There was no order as to costs.