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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
Hasina Yasmin – Appellant
Versus
National Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. claimants seek award enhancement. (Para 1) |
| 2. discussion on claimants' compensation based on precedents. (Para 2 , 3) |
| 3. court’s analysis on conventional heads and enhancements. (Para 4 , 5 , 6 , 7) |
| 4. referral to a larger bench on enhancement doubts. (Para 8) |
| 5. final determination of enhanced compensation. (Para 9 , 10) |
ORDER :
1. The claimants seek enhancement of the award, confined to the conventional heads in consonance with the decision in National Insurance Co. Ltd. vs. Pranay Sethi , (2017) 16 SCC 680. They also rely on the judgment of this Court in Rojalini Nayak and Others vs. Ajit Sahoo and Others , C.A. No. 8502 of 2024.
2. Learned counsel for the petitioners submits that there were three claimants, the wife and two children, all of whom are entitled to loss of consortium. Even the children are also entitled to loss of filial consortium as has been held in Magma General Insurance Co. Ltd. vs. Nanu Ram and Others , (2018) 18 SCC 130. The Constitution Bench decision in Pranay Sethi (supra) has also permitted the compensation for loss of estate and funeral expenses in case of death in a motor vehicle accident, to be enhanced @ 10% in every three years.
3. Lear
Compensation under conventional heads must be consistent and reasonable, and a clear distinction applies to enhancements based on the date of accidents per existing statutory guidelines.
Death in motor accident – Future prospects are integral component of just compensation.
The main legal point established in the judgment is the application of the principles laid down by the Apex Court in determining the quantum of compensation and the entitlement of the claimants to fu....
Compensation under the Motor Vehicles Act must be reasonably quantified, with enhancements based on established principles and inflation, particularly for conventional heads like loss of consortium a....
The court recalibrated compensation based on updated notional income and multipliers, affirming the need for just compensation under the Motor Vehicles Act.
The main legal point established in the judgment is the entitlement of parents to filial consortium and the determination of interest at the rate of 7.5% per annum on the enhanced compensation.
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