Shiv Kumar & Ors. Versus Gainda Lal & Ors. (Supreme Court) (21.10.2022)

Shiv Kumar & Ors. Versus Gainda Lal & Ors. (Supreme Court) (21.10.2022)

• The wife of the appellant no.1 died in a vehicular accident. At the relevant time, the deceased was aged 25 years and was a housewife. The High Court has committed a serious error in awarding the loss of dependency considering the income of the deceased at Rs.6,000/ per month only. It is submitted that the claimants shall be entitled to a sum of Rs.40,000 each towards loss of consortium or loss of love and affection. The impugned judgment and order passed by the High Court is hereby modified.

2.

The wife of the appellant no.1 died in a vehicular accident. At the relevant time, the deceased was aged 25 years and was a housewife.

3.

Learned counsel appearing on behalf of the appellants original claimants has vehemently submitted that the High Court has committed a serious error in awarding the loss of dependency considering the income of the deceased at Rs.6,000/ per month only.

4.

The High Court has been awarded the loss of dependency considering the income of the deceased at the rate of Rs.6,000/ per month. The insurance company has conceded that the High Court ought to have awarded the. loss.

5.

High Court ought to have considered the income of the deceased at least Rs.7,500/ per month. The High Court has also not considered the future prospects. As per the settled position of law 40% of the income is required to be added towards future prospects.

5.2

The claimants -husband and the minor son shall also be entitled to Rs.40,000/ each towards loss of consortium or loss of love and affection.

5.3

The impugned judgment and order passed by the High Court is required to be modified.

6.

The impugned judgment and order passed by the High Court is hereby modified and it is directed that the appellants original claimants shall be entitled to a total sum of Rs.32,82,000/ with interest at the rate of 7.5% per annum. In the facts and circumstances of the case there shall be no order as to costs.

That the wife of the appellant no.1 died in a vehicular accident.

It is submitted that even otherwise while awarding the loss of dependency, future prospect has not been taken into consideration at all.

Therefore, it is prayed to allow the present appeal.

Shri Vishnu Mehra, learned counsel appearing on behalf of the contesting respondents -Insurance Company has submitted that in the facts and circumstances of the case and more particularly when the deceased was only a housewife, it cannot be said that the High Court has committed any error in awarding the loss of dependency considering the income of the deceased at the rate of Rs.6,000/ per month.

5.1 We are of the opinion that the claimants shall be entitled to a sum of Rs.1 lakh each instead of Rs.50,000/ as awarded by the High Court for loss of foetus.

5.3 To the aforesaid extent the impugned judgment and order passed by the High Court is required to be modified.

• claimants shall be entitled to a sum of Rs.1 lakh each instead of Rs.50,000/ as awarded by the High Court for loss of foetus.

• 5.2

  The claimants -husband and the minor son shall also be entitled to Rs.40,000/ each towards loss of consortium or loss of love and affection.

• 5.3

  To the aforesaid extent the impugned judgment and order passed by the High Court is required to be modified.

• 6.

  In view of the above and for the reason stated above, present appeal is allowed. The impugned judgment and order passed by the High Court is hereby modified and it is directed that the appellants original claimants shall be entitled to a total sum of Rs.32,82,000/ with interest at the rate of 7.5% per annum. Present appeal is accordingly allowed to the aforesaid extent. However, in the facts and circumstances of the case there shall be no order as to costs.