LexSUNITA & ORS. versus VINOD SINGH & ORS.
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[2025] 3 S.C.R. 811 : 2025 INSC 366 Sunita & Ors. A1: Smt. Sunita A2: Rakhi A3: Rahul A4: Rohit A5: Baby A6: Savita A7: Pooja A8: Priya v. Vinod Singh & Ors. R1: Vinod Singh R2: Harish Chand R3: New India Assurance Company Ltd. (Civil Appeal No. 4021 of 2025) 19 March 2025 [Sudhanshu Dhulia and Ahsanuddin Amanullah,* JJ.] Issue for Consideration Matter pertains to the adequacy of compensation granted to the appellants under Motor Vehicles Act, 1988. Headnotes† Motor Vehicles Act, 1988 – Fatal accident – Compensation – Computation of – Victim crushed to death by the offending truck being driven by respondent no.1 in a rash and negligent manner – Appellant’s case that the deceased was aged about 45 years at the time of her death and was earning a monthly income of Rs.10,000/- – Claim petition – Tribunal awarded compensation of Rs.4,31,680/- which was enhanced by the High Court to Rs.5,96,761/- – Correctness: Held: Motor Vehicles Act, 1988 is a beneficial and welfare legislation and it is the duty of the Court to award ‘just compensation’ – Monthly income coming to Rs.7,637/- rounded off at Rs.7000/- – Sufficient indication that the deceased was aged about 45 years as per the * Author 812 [2025] 3 S.C.R. Supreme Court Reports Post-Mortem Report which is a scientific assessment of the age of the deceased – Multiplier of 14 granted taking her age as 45 years – For loss of love and affection, Rs.40,000/- per head with escalation of 10% every three years of loss of consortium, granted to five claimants as per formula approved – Expenses for funeral and transportation increased from Rs.10,000/- to 20,000/- – Loss of future prospects assessed at 25% – Courts below took the deduction for personal expenses to be 1/5th, however, the same is taken to be 1/4th and the compensation is quantified – Total compensation of Rs.13,82,500/- awarded with 7.5% interest per annum which would be pro rata if any amount has been paid – Impugned judgment set aside. [Paras 11, 12, 14-17] Case Law Cited Rajendra Singh v. National Insurance Company Ltd. [2020] 6 SCR 579 : (2020) 7 SCC 256; National Insurance Company Limited v. Pranay Sethi [2017] 13 SCR 100 : (2017) 16 SCC 680; Sarla Verma v. Delhi Transport Corporation [2009] 5 SCR 1098 : (2009) 6 SCC 121 – relied on. Magma General Insurance Co. Ltd. v. Nanu Ram [2018] 11 SCR 664 : (2018) 18 SCC 130; Ningamma v. United India Insurance Company Limited [2009] 8 SCR 683 : (2009) 13 SCC 710 – referred to. List of Acts Motor Vehicles Act, 1988. List of Keywords Compensation; Multiplier; Deduction for personal expenses; Monthly income; Loss of dependency; Expenses for funeral and transportation; Loss of love and affection; Loss of care and guidance of minors; Loss of estate; Notional wages as home maker; Multiplier factor dependent on age; Scientific assessment of age; Discrepancy in age; Loss of future prospects; Just compensation. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4021 of 2025 From the Judgment and Order dated 24.05.2018 of the High Court of Punjab & Haryana at Chandigarh in FAO No. 3026 of 2016 [2025] 3 S.C.R. 813 Sunita & Ors. v. Vinod Singh & Ors. Appearances for Parties Advs. for the Appellants: Bharat Bhushan, Keshav Bansal. Advs. for the Respondents: Ranjan Kumar Pandey, K. K. Bhat. Judgment / Order of the Supreme Court Judgment Ahsanuddin Amanullah, J. Leave granted. 2. The present appeal mounts a challenge to the Final Judgment and Order dated 24.05.2018 in FAO No.3026/2016 (O&M) (hereinafter referred to as the ‘Impugned Order’) passed by a learned Single Bench of the High Court of Punjab & Haryana at Chandigarh (hereinafter referred to as the ‘High Court’), whereby the appeal filed by the appellants was partly allowed and the compensation awarded by the learned Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as the ‘MACT’) was enhanced from Rs.4,31,680/- (Rupees Four Lakhs Thirty-One Thousand Six Hundred Eighty) to Rs.5,96,761/- (Rupees Five Lakhs Ninety-Six Thousand Seven Hundred Sixty One) and interest was enhanced from 7% per annum to 7.5% per annum. After the matter traversed to this Court, it was referred to the Special Lok Adalat held in this Court on 31.07.2024, but the parties concerned could not reach an agreement. FACTUAL PREMISE: 3. Briefly stated, the case set up by the appellants is that on 07.02.2003 at around 07:00 a.m., Smt. Tarawati, was going on foot to the bus
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