Motor accident compensation requires correct dependency calculations and consortium for each eligible child.

The claimants, the deceased Rathnamma @ Nagarathnamma’s married daughter and two adult sons, sought compensation for her death in a road accident on 9 December 2018 involving a goods vehicle.

The Motor Accidents Claims Tribunal awarded Rs.11,50,000, including Rs.10,80,000 for loss of dependency and Rs.40,000 for consortium.

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

The High Court considered the deceased’s age, income, applicable multiplier, deductions, and consortium.

1. Whether the Tribunal’s assessment of loss of dependency should be enhanced by revising the deceased’s income, multiplier, personal-expense deduction, and future-prospects addition

2. Whether the claimants were entitled to increased compensation for consortium and, consequently, enhanced total compensation

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988

In reassessing compensation, the Court applied a notional monthly income of Rs.12,500 for an accident in 2018, a multiplier of 13 for a deceased aged 46, a 50% deduction for personal expenses, and a 25% addition for future prospects.

It assessed consortium at Rs.40,000 for each of the three claimant children and retained Rs.15,000 each for loss of estate and funeral expenses.

The judgment does not identify any precedent as the basis for these principles.

The Tribunal had used a monthly income of Rs.9,000 and a multiplier of 12.

The High Court substituted the 2018 notional income of Rs.12,500 and multiplier of 13; after adding 25% for future prospects and deducting 50% for personal expenses, it calculated loss of dependency at Rs.12,18,750.

It increased consortium from Rs.40,000 to Rs.1,20,000, awarding Rs.40,000 to each claimant, while leaving the awards for loss of estate and funeral expenses unchanged.

The Court enhanced total compensation from Rs.11,50,000 to Rs.13,68,750, granting an additional Rs.2,18,750 with interest at 6% per annum from the date of the claim petition until realization, except for the 923-day delay period in filing the appeal.

The insurer was directed to deposit the enhanced amount with interest within six weeks, and the claimants were entitled to receive it in equal shares.