Compensation under Motor Vehicle Act can be enhanced based on future prospects and non-pecuniary losses.

ORDER

Date : 03-06-2025 :: Judgment and Order ::

[CAV]

Heard Mr. B. R. Das, learned counsel for the appellant. I have also heard Mr. S. Dutta, learned counsel for the respondent/ Insurance company.

2. The case of the appellant is that by judgment and award dated 20.12.2013, the claim petition filed by the claimant/appellant herein was allowed by the Member, MACT, Lakhimpur, in MAC case no. 33/2022, whereby compensation of Rs. 7,29,500/- was awarded to the claimant along with interest at the rate of 7.5% per annum in favor of the claimant/appellant for the death of the deceased, Jantu Thakuria, due to a road traffic accident on 31.03.2012 at Bhangabeel near Boginadi Railway Bridge. Being aggrieved by the quantum of compensation, the claimant filed this appeal under section 173 of the Motor Vehicle Act, 1988, seeking an enhancement of the awarded amount. According to the appellant, the learned Tribunal failed to consider the future prospects on income, loss of estate, funeral expenses, loss of spousal consortium, and loss of parental consortium for the three children, which are entitled to the claimants/appellants.

3. The fact leading to the filing of this appeal is that on 31.03.2012, the husband of the claimant, late Jantu Thakuria, was proceeding from Boginadi towards Bhangabeel by driving a tractor bearing registration no. AS.07.C/2710. When he reached near Bhangabeel, his tractor capsized from the road due to the filling of new earth by the side of the road. As a result, the deceased fell down from the tractor, and the tractor immediately crushed him, causing his instant death.

4. The claimant filed the claim petition as MAC case no. 33/2012 before the learned Tribunal, seeking compensation for the death of her husband due to a vehicular accident. The claim petition was contested. Upon conclusion of the trial, the learned Tribunal disposed of the claim petition on 20.12.2013, directing the respondent insurance company to pay an awarded amount of Rs. 7,29,500/- to the claimant along with interest at the rate of 7.5% per annum.

5. At the outset, the learned counsel for the appellant clarified that the fact of the case in MAC case no. 33/2012 is not disputed. The appellant is aggrieved by the quantum of compensation awarded by the Tribunal under various heads, as it failed to include the future prospects of the deceased and did not grant any compensation for non-pecuniary damages. The Tribunal awarded only Rs. 2,000 for funeral expenses, Rs. 2,500 for loss of estate, and no award was made for loss of love and affection. Furthermore, the amounts granted are much less and on the lower side. The learned counsel also contended that the deceased had four dependents; therefore, the personal deduction should have been 1/4th, not 1/3rd, as applied by the Tribunal. Hence, the claimant has filed this appeal for an increase in the compensation amount.

6. The learned counsel for the appellant submitted that the claimant is entitled to future prospects as per applicable legal principles laid in Sidram Vs.The Divisional Manager, United India Insurance Co. Ltd And Anr; reported in [2022 LiveLaw (SC) 968], and since the deceased was about 27 years old at the time of his death and was earning Rs. 5,000 per month, the claimant should be entitled to 40% future prospects. This is in line with the relevant legal standards set in National Insurance Co. Ltd Vs Pranay Sethi reported in [2017 (16) SCC 680]. The learned counsel also fairly admitted that, given the age of the deceased, the appropriate multiplier should be 17, not

18, as considered by the Tribunal.

7. Mr.