Siblings may receive compensation for loss of love and affection in a fatal accident claim.

The claimants appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded for the death of Mukesh Rawat in a road accident on 25 May 2023.

The Claims Tribunal had awarded ₹15,50,640, assessing the deceased’s monthly income at ₹9,700, and granted ₹48,000 for consortium only to his mother, appellant No. 1.

The claimants contended that the deceased earned ₹12,000 per month and that his siblings should also receive compensation for their loss.

The High Court condoned a 12-day delay, admitted the appeal, and heard it finally with the parties’ consent.

The claimants produced no credible evidence establishing the deceased’s employment at Shera Gym.

Whether the deceased’s monthly income should be reassessed for calculating compensation.

Whether the deceased’s siblings were entitled to compensation for loss of love and affection, in addition to the consortium awarded to his mother.

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

In assessing compensation, the Court applied the principles concerning future prospects, deduction for personal expenses, and multiplier set out in National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680, and Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121.

It also relied on Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram, (2018) 18 SCC 130, in considering compensation connected with consortium and familial loss.

For income, the Court used the Chhattisgarh minimum-wage notification for unskilled labour applicable at the time of the accident.

Because the claimants did not substantiate the deceased’s alleged employment at the gym or the asserted ₹12,000 monthly income, the Court rejected that figure and assessed income at the notified minimum wage of ₹9,960 per month.

It retained the Tribunal’s application of 40% future prospects, a 50% deduction for personal expenses, and a multiplier of 18, given that the deceased was an unmarried, self-employed 25-year-old.

The Court further held that the existing consortium award to the mother did not adequately account for the emotional loss suffered by the deceased’s brothers and sisters, and awarded each sibling ₹48,000 under the head of loss of love and affection.

Applying these adjustments, it recalculated total compensation at ₹18,29,952.

The award was enhanced from ₹15,50,640 to ₹18,29,952.

Appellant No. 1 was entitled to the enhanced amount of ₹2,79,312, with interest at 6% per annum from the date of the claim application until realization; appellants Nos. 2–6 were each awarded ₹48,000 for loss of love and affection.

The remaining terms of the Tribunal’s award were left undisturbed.