SURESHCHANDRA BAGMAL DOSHI & ANR. versus THE NEW INDIA ASSURANCE COMPANY LIMITED & ORS.

Citation: [2018] 3 S.C.R. 870 · Decided: 18-04-2018 · Supreme Court of India · Bench: JASTI CHELAMESWAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 3 S.C.R.
SURESHCHANDRA BAGMAL DOSHI & ANR.
v.
THE NEW INDIA ASSURANCE COMPANY LIMITED & ORS.
(Civil Appeal No. 5206 of 2016)
APRIL 18, 2018
[J. CHELAMESWAR AND SANJAY KISHAN KAUL, JJ.]
Motor Vehicles Act, 1988 – Motor accident – Award of
compensation – Future income rise – Computation of – Death of
victim-25 year old widow, in a motor accident – Victim was a qualified
engineer, drawing monthly salary of Rs. 6,273/- – Claim petition by
parents – Tribunal awarded Rs. 15,71,000/- as compensation
wherein added 100 per cent towards future rise in income, deducted
1/3rd towards personal expenses and applied multiplier of 16 – In
appeal, the High Court took future rise in income as 50 per cent,
deducted 50 per cent towards personal expenses, applied multiplier
of 18 and awarded Rs. 10,72,360/- – On appeal, held: Standardized
percentage is capable of being varied if the evidence is so led –
Assessment of the tribunal is based on the evidence led – On facts,
the tribunal justified in giving 100 per cent increase and taking the
future prospects at Rs.12,000 per month – As regards, the percentage
of deduction, considering that the deceased survived by her parents,
50 per cent amount be deducted as personal and living expenses of
the deceased when the deceased is a widow – Thus, the High Court
was justified in increasing the percentage of personal expenses to
the extent of 50 per cent – After deducting 50 per cent of the amount
towards personal expenses and adding 100 per cent towards future
rise in income, to the figure of Rs.6,273 per month, multiplier of 18
is applied, amounting to Rs.13,54,968 – Amount under conventional
heads would be Rs.70,000, totaling to around Rs.14,25,000/- –
Award of interest would continue @ 12 % – Litigation being of two
decades, Rs.25,000 awarded as costs.
Sarla Verma & Ors. v. Delhi Transport Corporation &
Anr. (2009) 6 SCC 121; National Insurance Company
Limited v. Pranay Sethi & Ors. AIR 2017 SC 5157 –
referred to.
[2018] 3 S.C.R. 870
870
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Case Law Reference
(2009) 6 SCC 121
referred to
Para 6
AIR 2017 SC 5157
referred to
Para 11
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5206
of 2016.
From the Judgment and Order dated 09.02.2015 of the High Court
of Gujarat at Ahmedabad in First Appeal No. 3876 of 2007.
Mehal S. Shah, Sr. Adv., Hemal Kiritkumar Sheth, Advs. for the
Appellants.
Rajesh Kumar Gupta, Hetu Arora Sethi, Advs. for the
Respondents.
The Judgment of the Court was delivered by
SANJAY KISHAN KAUL, J. 1. Fate can be cruel.  This is a
tragic case where the only daughter of a lawyer husband and a doctor
wife, who got married early and unfortunately became a widow also at
a young age, died in a vehicular accident, which took place on 16.8.1998.
The claim of the parents (appellants herein) in respect of this unfortunate
demise forms the subject matter of the present appeal.
2. It is not necessary to go into the details of the facts, as those
are not really liable to be examined in view of the limited controversy
before us.  The claim was laid on the basis that the deceased daughter
was working in the company of original respondent No.4 as an
International Internal Sales Engineer at a monthly salary of Rs.6,273.
She had a B.E. (Civil) qualification.  Her husband, after an early marriage,
had unfortunately passed away in the year 1996 and since then she was
living with her parents, the claimants. The deceased had a quick successful
progression in her career from the initial post of a Secretary, and the
claim was based on the prospective earning of the deceased of more
than Rs.25,000 per month.
3. We may note that qua the accident, the driver of the vehicle in
which the deceased daughter was travelling died, and there was
apportionment of contributory negligence to the extent of 80 per cent
qua the truck driver, and 20 per cent qua the Tata Sierra, the two vehicles,
which met with the accident.  However, this would not affect the claim
qua the parents before us.
SURESHCHANDRA BAGMAL DOSHI v. NEW INDIA
ASSURANCE COMPANY LIMITED
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SUPREME COURT REPORTS
[2018] 3 S.C.R.
4. There is no dispute that the assessed income of the deceased
at the time of the accident was Rs.6,273 per month.  This is a finding of
fact, both by the Tribunal and the High Court.  The Tribunal, however
added approximately 100 per cent towards future rise in income and
considered the prospective income at Rs.12,000 per month, and after
deduct
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