It is the duty of the tribunal/Court to award ‘just compensation; Motor Vehicles Act is admittedly a beneficial legislation: Punjab and Haryana High Court Upholds Enhanced Compensation for Deceased in Motor Accident Case
The Punjab and Haryana High Court has delivered a crucial judgement on the quantification of compensation in cases involving fatal motor accidents. The bench presided over by Hon’ble Mrs. Justice Alka Sarin addressed appeals concerning the quantum of compensation awarded by the Motor Accident Claims Tribunal, Narnaul, in the tragic demise of a 24-year-old male.
Legal Framework
The appeals, identified as FAO-5166-2018 and FAO-6426-2018, revolved around the compensation for the deceased, initially fixed based on his monthly income and potential future earnings. The litigation contested the methods used to calculate the income and the applicable deductions and multipliers under the Motor Vehicles Act, 1988, and the Minimum Wages Act, 1948.
Facts and Issues of the Case
The deceased, a 24-year-old bachelor, was previously employed with a monthly income of Rs.11,840. The compensation awarded by the Tribunal included deductions and a multiplier that the appellants, an insurance company, and the claimants, the deceased’s family, challenged. The insurance company argued for a lower assessment based on minimum wages, while the claimants sought enhanced compensation citing the deceased’s future prospects and lack of compensation for consortium.
Court’s Assessment and Decision
Justice Alka Sarin meticulously addressed the multiple legal points raised:
Income Assessment: The court dismissed the argument for income assessment based on the Minimum Wages Act, affirming that the assessment should reflect a just compensation that does not strictly adhere to minimum wages. The judgment referred to several precedents indicating that the tribunal must consider the specific circumstances of each case and the nature of the deceased’s employment.
Deductions and Future Prospects: The court adjusted the standard deduction from one-third to 50% considering the deceased’s bachelor status. Moreover, it recognized the necessity of a 40% addition to the calculated income for future prospects, aligning with the principles established in landmark judgments.
Conventional Damages and Consortium: The court increased the awards for conventional damages such as loss of estate and funeral expenses by 20%, and importantly, acknowledged the emotional and support losses by awarding loss of consortium to the parents of the deceased.
Ultimately, the court revised the total compensation to Rs.19,22,208, with an interest rate of 9% per annum from the date of the claim filing till realization, which also includes the enhanced awards for future prospects, conventional damages, and loss of consortium.
Implications of the Judgement
This judgement underscores the judiciary’s role in interpreting compensation in accident claims, emphasizing flexibility and fairness over rigid adherence to minimum standards. It reaffirms the court’s commitment to ensuring that compensation awards serve to reasonably mitigate the financial impact on victims’ families while reflecting the potential future contributions of the deceased.
Date of Decision: April 19, 2024
Cholamandalam MS General Insurance Co. Ltd. vs. Bimla Devi & Ors.
