Multiplier based on post-mortem age upheld and compensation enhanced for consortium, funeral, and estate expenses.

Both appeals arose from a motor accident involving a vehicle (Mazda No. M.H.12/f.C./6252) that resulted in the death of Vinod Kumar Sahu

On September 3, 2019, the 1st Additional Motor Accident Claims Tribunal (MACT), Bilaspur, awarded Rs. 21,11,326 to the claimants, holding the insurer liable

The claimants (Appellants in MAC No. 2195/2019) sought enhancement of the award, arguing that the sums for loss of estate, funeral expenses, and loss of consortium were below established legal standards

Conversely, the Insurance Company (Appellant in MAC No. 1979/2019) sought a reduction, contending that the deceased’s age should have been recorded as 34 years based on his driving license—resulting in a multiplier of 16—rather than 30 years as determined by the postmortem report

1. Whether the Claims Tribunal correctly assessed the age of the deceased as 30 years for the purpose of applying the multiplier of 17

2. Whether the compensation awarded under conventional heads (consortium, funeral expenses, and loss of estate) required enhancement

The Court applied the statutory principles of "just compensation" under the Motor Vehicles Act, 1988, regarding the determination of age and the calculation of conventional heads.

It followed the principle that age determined via corroborated evidence such as the postmortem report and Naksha Panchayatnama constitutes a valid finding of fact if not successfully disputed during the trial.

Furthermore, the Court applied the standardized rates for conventional heads, which provide for Rs. 16,500 for funeral expenses, Rs. 16,500 for loss of estate, and Rs. 44,000 per dependent for loss of consortium.

Regarding the insurer’s challenge to the deceased's age, the Court noted that the claimants’ evidence, the Naksha Panchayatnama (Ex. P/3), and the postmortem report (Ex. P/4) consistently recorded the age as 30 years.

Since the Insurance Company did not dispute these specific documents during the trial, the Court held the Tribunal’s application of a 17-multiplier to be a correct finding of fact based on the record.

Regarding the quantum of compensation, the Court found the Tribunal's awards for conventional heads to be inadequate.

It re-calculated the award by increasing funeral expenses and loss of estate from Rs. 15,000 each to Rs. 16,500 each.

Crucially, the Court determined that consortium should be awarded individually to each of the five claimants at Rs. 44,000 per person (totaling Rs. 2,20,000), rather than the lump sum of Rs. 40,000 initially granted.

It held that the total compensation is enhanced from Rs. 21,11,326 to Rs. 22,94,326, resulting in an additional sum of Rs. 1,83,000.

The Insurance Company was directed to deposit the additional amount within three months, with interest at 6% per annum calculated from the date of the claim filing (October 30, 2018) until realization.

All other conditions of the original award remained intact.