RAJ BALA & ORS. versus RAKEJA BEGAM & ORS.

Citation: [2022] 14 S.C.R. 1031 · Decided: 18-10-2022 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Case Partly allowed

Judgment (excerpt)

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RAJ BALA & ORS.
v.
RAKEJA BEGAM & ORS.
(Civil Appeal No. 7604 of 2022)
OCTOBER 18, 2022
[B. R. GAVAI AND C. T. RAVIKUMAR, JJ.]
Motor Vehicles Act, 1988: s.166 – Compensation,
determination of – Compensation under head of ‘love and affection’,
‘loss of spousal consortium to wife and ‘loss of parental consortium
to children’ – A bus fell into a river in which victim-deceased was a
passenger and he drowned in the river – Appellants, wife and
children of the deceased filed claim petition under s.166 of the Act
seeking compensation of Rs.50 lakhs, under different heads –
Tribunal found that the accident had occurred due to rash and
negligent driving and awarded Rs.17,73,704/- with interest at the
rate of 6 % p.a. – High Court enhanced compensation to Rs.
20,68,704/- – On appeal, held: Future prospects were not taken
into account while fixing the multiplicand – Evidence on record
revealed that the deceased was aged 32 years at the time of his
death and he was working as a Head Constable in the RPF – There
was absolutely no justification for not reckoning the future prospects
which he would have had but for his untimely death – The contention
of appellants that 50% of the actual salary of the deceased is to be
added while determining the income for calculation purpose is
accepted – Taking into account the multiplicand and multiplier with
reference to the age group of deceased, the appellants are entitled
to get an enhanced amount of Rs. 8,84,160/- under the head of
‘loss of dependency’ – Rs. 15,000/- each is awarded to the appellants
under the head ‘loss of estate’ and the ‘funeral expenses which was
not granted by Tribunal as well as High Court – In the light of
precedents of this court, appellant would be entitled to get
Rs.40,000/- under the head of ‘loss of consortium’ – The amount
granted by High Court to appellants under the head of ‘love and
affection’ to be adjusted against ‘parental consortium’ – Thus,
appellants are entitled to enhanced compensation of Rs.10,29,260/
- which shall be paid by respondent no.4 within 8 weeks.
[2022] 14 S.C.R. 1031
1031
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SUPREME COURT REPORTS
[2022] 14 S.C.R.
Partly allowing the appeal, the Court
HELD: 1. Future prospects were not taken into account by
the Tribunal and High Court while fixing the ‘multiplicand’. The
evidence on record would reveal that the deceased was aged 32
years at the time of his death and he was working as a Head
Constable in the Railway Protection Force. When that be the
circumstances, there is absolutely no justification for not
reckoning the future prospects which he would have had but for
his untimely death. In the said circumstances, this Court upheld
the contention of the Appellants that 50% of the actual salary of
the deceased is to be added while determining the income for
calculation purpose. [Paras 8, 9][1035-G-H; 1036-A, D]
National Insurance Co. Ltd. v. Pranay Sethi and Others
2017 ACJ 2700 (SC); Sarla Verma and Ors. v. Delhi
Transport Corporation and Anr. (2009) 6 SCC 121 –
relied on.
 2. Evidently, the Tribunal as also the High Court had
correctly identified the ‘multiplier’ with reference to the age group
of the deceased viz., between 30 and 35 years as 16. On re-
assessing the compensation for ‘loss of dependency’, taking into
account the multiplicand and the multiplier as stated above it
would be Rs. 26,52,864/-. The Tribunal has granted only an amount
of Rs. 17,68,704/-, virtually, under the head ‘total loss of income’
after applying the multiplier method and the same was confirmed
by the High Court. Hence, under the head of ‘loss of dependency’
the Appellants are entitled to get an enhanced amount of Rs.
8,84, 160/- (26,52,864 – 17,68,704). Further, no amount was
granted towards ‘loss of estate’ and ‘funeral expenses’ by the
Tribunal as also by the High Court. Going by the decision of this
Court Rs. 15,000/- each is awarded to the Appellants under the
head ‘loss of estate’ and the ‘funeral expenses. [Paras 12,
13][1037-B-E]
3. In the instant case, compensation towards ‘loss of
consortium’ Rupees One lakh was awarded by the High Court
besides granting an amount of Rs. 2 lakhs (Rupees one lakh each
to the minor children) under the head of ‘loss of love and
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affection’. In the light of the binding decision of the Constitution
Bench, interference is required with the grant of excess amount
in respect of the compensation under the head ‘loss of consortium’
and the grant of compensation und

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