KUNJAN SADANA & ANR. versus MAHESH KUMAR & ORS

Citation: [2019] 17 S.C.R. 1128 · Decided: 10-12-2019 · Supreme Court of India · Bench: S. ABDUL NAZEER, SANJIV KHANNA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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1128
SUPREME COURT REPORTS
[2019] 17 S.C.R.
KUNJAN SADANA & ANR.
v.
MAHESH KUMAR & ORS
(Civil Appeal No. 9312 of 2019)
DECEMBER 10, 2019
[S. ABDUL NAZEER AND SANJIV KHANNA, JJ.]
Motor Vehicles Act, 1988:
Fatal accident – Of a 19 years old bachelor – Caused by
motor vehicle – Claim for compensation by mother and brother of
deceased – Compensation awarded by Tribunal and High Court
by using multiplier of 15 on the basis of the age of claimant/mother
– Appeal to Supreme Court – Held: Multiplier of 15 was wrongly
applied by adopting the age of the dependant and not the deceased
– High Court was also wrong in not considering future prospects
of the deceased – In view of the age of the deceased, an additional
40% of the established income must be added while computing the
compensation – Thus, taking the multiplier of 18, considering the
future prospects of the deceased, and granting further amount
under conventional heads, the compensation amount is further
enhanced.
Partly allowing the appeal, the Court
HELD: 1. The High Court while enhancing the
compensation, did not consider the future prospects of the
deceased. The material on record makes it evident that the
deceased was self-employed. As the deceased was aged 19
years, an additional 40% of the established income must be
added while computing the compensation. In addition, 50% of
the said amount has to be deducted in lieu of his personal
expenses that he would have incurred to maintain himself as a
bachelor, had he been alive. [Paras 8 and 9] [1131-B-C-E]
National Insurance Company Limited v. Pranay Sethi
and Others (2017) 16 SCC 680 – followed.
2. The High Court has rightly determined monthly salary
of the deceased at Rs. 3,918. In addition, 40% of the actual
   [2019] 17 S.C.R. 1128
1128
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salary income of the deceased has to be added towards the future
prospects of the deceased, as his age was less than 40 years.
[Para 12] [1133-E]
3. The High Court applied the multiplier at ‘15’, as it took
the age of the mother into consideration, and not that of the
deceased. Even if the deceased is a bachelor, his age has to be
taken into account to adopt a multiplier. [Para 10] [1131-F-G]
Royal Sundaram Alliance Insurance Company Limited
v. Mandala Yadagari Goud and Others (2019) 5 SCC
554- relied on.
4. Since the deceased was a bachelor, 50% of his gross
income must be deducted towards personal living expenses.
Thus, the compensation payable to the claimants towards loss
of dependency is Rs. 5,92,488/-(Rs.2,743 x 12 x 18 = Rs.
5,92,488/-).  In addition, the claimants are also entitled for a sum
of Rs.70,000/- under the conventional heads.  Thus, the total
compensation payable to the claimants comes to Rs. 6,62,448/-
.  The amount of Rs. 5,02,620/- awarded by the High Court, has
to be deducted from the aforesaid amount, therefore, the balance
compensation payable to the claimants comes to Rs.1,59,868/-,
which is rounded off to Rs. 1,60,000/-. The third respondent/
insurance company is directed to deposit a sum of Rs. 1,60,000/
- with simple interest at the rate of 7% per annum from the date
of the claim petition till the date of deposit. [Paras 12-14] [1132-
F-H; 1133-A-B]
Case Law Reference
(2017) 16 SCC 680
followed
Para 8
(2019) 5 SCC 554
relied on
Para 10
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9312
of 2019.
From the Judgment and Order dated 08.08.2017 of the High
Court of  Delhi at New Delhi in MAC. Appeal No. 479 of 2009
Rahul Mohod, Raju Sonkar, Sanjay Saini, Shekhar Aggarwal,
Karunakar Mahalik, Advs. for the Appellants.
Dr. Anand Vardhan Sharma, Amit Tyagi, V.K. Vashudev, Kailash
Prashad Pandey, Advs. for the Respondents.
KUNJAN SADANA & ANR. v. MAHESH KUMAR & ORS
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SUPREME COURT REPORTS
[2019] 17 S.C.R.
The Judgment of the Court was delivered by
S. ABDUL NAZEER, J.
1. Delay condoned.
2. Leave granted.
3. The instant appeal has been filed by the claimants challenging
the judgment and order dated 08.08.2017 of the High Court of Delhi,
in MAC Appeal No.479 of 2009 wherein the High Court has partly
allowed the appeal and consequently enhanced the amount of
compensation from Rs 3,72,620/- to Rs 5,02,620/-. The appellants have
filed this appeal, seeking further enhancement of the compensation.
4. The appellants are the widowed mother and the younger
brother (a minor) of the deceased. The deceased namely, Shri Yitesh
Sadana alias Prince, a bachelor, aged 19 years, succumbed to injuries
that he sustained in a motor
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