LexSRI MALAKAPPA & ORS. versus THE IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED & ANR.
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[2025] 4 S.C.R. 2058 : 2025 INSC 590 Sri Malakappa & Ors. v. The IFFCO TOKIO General Insurance Company Limited & Anr. (Civil Appeal No. 5666 of 2025) 29 April 2025 [Sudhanshu Dhulia and K. Vinod Chandran,* JJ.] Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court relating to compensation awarded for the death of wife-pillion rider in an accident. Headnotes† Motor vehicles – Fatal accident – Compensation – Death of wife- pillion rider in an accident – Appellants, husband and children of the deceased, sought compensation – Tribunal awarded compensation of Rs.18,81,966/- – Deduction applicable for personal expenses was fixed at 1/3rd, considering the dependent family comprising of the deceased and only two children – Insurance company filed appeal against the award – High Court deleted 50% as future prospects as were accepted by the tribunal and increased income – Correctness: Held: Courts should award just compensation – No reason to differ from High Court’s finding that accident had been caused due to rash and negligent driving of the driver of the bike whose owner is indemnified by the insurance company – Since no employment specified of the husband, he was partially dependent on the income of the deceased, hence the family to be comprised of 4 and deduction for personal expenses would be at 1/4th – No reason to increase the income which was enhanced by the High Court from Rs 7000/- to Rs. 8000/- – Claimant entitled to 40% for future prospects – Medical expenses as accepted by the tribunal based on bills to be granted – In addition to spousal loss of consortium children too entitled at the rate of ₹40,000/- – No scope for loss of love and affection, since already loss of consortium has been awarded – What has been enhanced is only the pro-rata amounts * Author [2025] 4 S.C.R. 2059 Sri Malakappa & Ors. v. The IFFCO TOKIO General Insurance Company Limited & Anr. under the conventional heads, while the percentage adopted for future prospects and the deduction for personal expenses have been reduced – Modified award of Rs.17,84,766/- by this Court, does not exceed that granted by the tribunal. [Paras 7-10] Case Law Cited National Insurance Co. Ltd. v. Pranay Sethi [2017] 13 SCR 100 : (2017) 16 SCC 680; New India Assurance Company v. Somwati [2020] 10 SCR 1132 : (2020) 9 SCC 644 – referred to. List of Keywords Motor accident; Death; Compensation; Multiplier; Deduction for personal expenses; Expenses for funeral and transportation; Loss of love and affection; Loss of consortium; Loss of future prospects; Just compensation; Death of a pillion rider in an accident; Rash and negligent driving; Medical expenses; Pro-rata amounts. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5666 of 2025 From the Judgment and Order dated 07.11.2017 of the High Court of Karnataka Circuit Bench at Dharwad in MFA No. 101074 of 2017 Appearances for Parties Advs. for the Appellants: Chinmay Deshpande, V.N. Raghupathy. Advs. for the Respondents: Suyash Vyas, Gopal Singh. Judgment / Order of the Supreme Court Judgment K. Vinod Chandran, J. 1. Leave granted. 2. The appellants who were the claimants before the Tribunal sought compensation for the death of the wife of the first appellant whose children are second and third appellants. The claim arose from the 2060 [2025] 4 S.C.R. Supreme Court Reports death of a pillion rider in an accident which occurred on 22.02.2015, as a result of which the pillion rider succumbed to the injuries sustained in the accident; two days later i.e. on 24.02.2015. 3. Before the Tribunal, the claimants asserted an income of ₹15,000/- for the deceased, while she was alive, claiming her to be a Coolie. The Tribunal considering the unspecified work in which the deceased was employed, took the income at ₹7,000 and reduced 1/3rd of the income determined for personal expenses; finding the husband to be not dependent on the deceased, in which event the dependant family consisted of the deceased and her two children. Fifty percent was added for future prospects and considering the age of the deceased, i.e. 35 years, a multiplier of 16 was applied, determining the total loss at ₹13,44,000/-. On other heads also compensation was awarded totalling ₹18,81,966/- as shown hereinbelow: Nos. Particulars Amount in ₹ 1 Loss of dependency 13,44,000/- 2 Loss of consortium 50,000/- 3 Medical expenses 21,966/- 4 Transpo
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