Compensation for wrongful death must consider educational qualifications and future earning potential over minimum wage assessments, ensuring fairness and reasonableness in calculations.

JUDGMENT :

ANISH DAYAL, J.

1. MAC.APP. 133/2014 has been filed by New India Assurance Company Ltd. (hereinafter ‘Insurance Company’), while MAC.APP. 948/2014 are cross objections filed by claimants. For the purposes of reference, parties will be referred to by their name, rather than as appellant/respondent etc.

2. While the Insurance Company seeks correction in the amounts awarded under the non-pecuniary heads, namely, loss of estate, funeral expenses and loss of consortium, along with correction in future prospects and multiplier to align itself with the principles enunciated in National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 (‘Pranay Sethi’) Cross-objection raised on behalf of claimants is regarding the application of minimum wages taken for a matriculate for the deceased, considering he was a diploma holder in education and was taking tuition classes, therefore, suggesting that the benchmark income should be considered at a higher value, claimed at Rs.20,000-25,000/- per month.

The Incident

3. On 20^th October 2012 at about 7:00 p.m., Sh. Praveen Kumar (deceased) along with his friend, Sh. Rakesh was coming to Gurgaon from Narnaul by motorcycle bearing no HR-26BN-4481. When they reached near flyover, Pool Panchgaon, NH-8, Shiv Mandir, P.S. Manesar, a truck bearing No. RJ-14GD-3650 (offending vehicle) driven by Sh. Ram Singh (driver) allegedly at a high speed in a rash and negligent manner hit the motorcycle resulting in a head injury to the deceased, who was declared ‘brought dead’ at the hospital. FIR No.301/2012 was registered at P.S. Bilaspur under Sections 279 /337/304A of Indian Penal Code, 1860 ( IPC ) against the driver. The deceased was 20 years of age and a student of Diploma in Education (‘D.Ed.’) and was a tutor at M/s Praveen Tuition Centre, claimed to be earning Rs.20,000-25,000/- per month. The claimants i.e. parents of deceased filed a claim petition claiming Rs.35,00,000/- along with interest. The driver and owner (Sh. Gopal Ram Jat) were proceeded ex parte and the matter was contested by the Insurance Company. Objections were raised by Insurance Company regarding the driver not having a valid and effective driving licence and a valid permit. Motor Accidents Claims Tribunal (hereinafter ‘Tribunal ’) returned a finding in favour of claimants holding that the deceased suffered fatal injuries, due to rash and negligent driving of the offending vehicle by the driver.

Impugned award

4. While calculating compensation, considering that there was no documentary evidence of the earnings of deceased, minimum wages payable to a matriculate at Rs.7,254/- per month, were used as benchmark, on which 50% was added, since the deceased was less than 40 years and a deduction of 50% was made towards his personal expenses. Multiplier was adopted on the basis of age of the deceased or the age of claimants, whichever was higher; considering that the claimant/ mother of the deceased was 48 years of age at the time of accident, multiplier of 13 was applied.

5. Rs.25,000/- for funeral expenses, Rs.25,000/- for loss of love and affection were also awarded. Total compensation payable was Rs.8,