Roshni Devi v. IFFCO Tokio Gen Ins Co Ltd

1. IFFCO TOKIO GEN INS CO LTD....Respondent No.1

2. SANJEEV YADAV S/o Sh. Surinder Yadav.....Respondent No.2

3. JITENDER S/o Sh. Kidara...Respondent No. 3 Through: None. CORAM: HON'BLE MS.

JUSTICE NEENA BANSAL KRISHNA JUDGMENT (oral)

1. The present Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Appellant for enhancement of the compensation awarded vide Award dated 16.12.2021 in the sum of Rs.19,46,000/- along with interest @ 9 % per annum, on account of demise of Inderjit, aged 21 years, in a road accident on 02.02.2016.

2. The sole ground of challenge is that deceased was a young boy of 21 years. He was studying in BA first year. His income has been calculated as per Minimum Wages for a graduate in the sum of Rs.12,142/-p.m. However, considering that he was a graduate, it should have been calculated on the basis of prospective income.

3. The learned counsel has placed reliance in this regards on the judgments of this court in Bharti Axa General Insurance Company Limited vs. Upender Kumar Shastri & Ors., in MAC. APP. 376/2017 decided on 07.03.2018 and Ergo General Insurance Company Limited vs Rattan Kumar Dwivedi, in MAC. APP. 993/2013 decided on 09.08.2017.

4. Submissions Heard.

5. Briefly stated, on 02.02.2016 at about 04:00 PM, deceased Inderjit along with Krishan Kumar was going on a motorcycle from Rawta Mor to Dhansa Village. When they reached in front of the Midfield School, Jaffarpur Kalan, Delhi, a car bearing number DL-9- CH-1031going in front of them, suddenly took a sharp right U-turn without giving any indicator, and hit the motorcycle. All persons received grievous injuries and were taken to RTRM Hospital, Jaffarpur Kalan and from there the deceased, Inderjit, was taken to Safdarjung Hospital who succumbed to his injuries on 03.02.2016.

6. An FIR No.0022/2016 was registered under Section 279, 337, 304-A IPC was registered on 02.02.2016 at P.S. Jaffarpur Kalan.

7. Considering that it is an accident of 2016, and also that the deceased was in the first year his graduation, his income, instead of being calculated on the basis of Minimum Wages, is calculated on the basis of prospective income, which is taken as 17,500/- per month.

8. It is noted that the loss of Consortium has been granted as Rs.40,000/. Considering that there are two legal heirs of the deceased, Sh. Inderjit, the amount towards loss of Consortium is recalculated as Rs.40,000 x 2 =Rs.80,000/- is granted.

9. In the case of National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, the Apex Court observed that each family member is entitled to Loss of Consortium in the sum of Rs. 40,000/each. Further, in every three years, 10% increase must be made in the compensation granted on account of Loss of Estate, Funeral Charges and Loss of Consortium.

10. The accident involved in the present case is of 2016, the revised compensation on account of Loss of Estate, Funeral Charges and Loss of Consortium is calculated as under: - Loss of Consortium: - Rs. 40,000/- x 2 = Rs. 80,000/- + Rs. 8,000/- (revision of 10% of 6 years) = Rs. 88,000/-. Loss of Estate: - Rs. 15,000/- + Rs. 3,000/- (revision of 10% of 6 years) = Rs. 18,000/-. Funeral Expenses: - Rs. 15,000/- + Rs. 3,000/- (revision of 10% of 6 years) = Rs. 18,000/-.

11. The compensation is recalculated as under:- S.No. Heads Awarded by the Tribunal Awarded by this Court