Gumani - Appellant Versus Ram Chandra - Respondent

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 — S.166, S.168, Second Schedule — Compensation — Fatal Accident — Multiplier

Motor Vehicles Act, 1988 — S.166, S.168 — Compensation — Fatal Accident — Loss of Consortium

Motor Vehicles Act, 1988 — S.166, S.168 — Compensation — Fatal Accident — Loss of Love and Affection — Parents

Motor Vehicles Act, 1988 — S.166, S.168 — Compensation — Fatal Accident — Loss of Love and Affection — Minor Children

Issues for determination

• Whether the multiplier applied by the Tribunal for calculating compensation was correct and in accordance with law.
• Whether the compensation awarded for loss of consortium to the wife and for loss of love and affection to the minor children and parents was adequate.

Ratio decidendi

• As per the latest amendment in the Second Schedule of the Motor Vehicles Act, the minimum multiplier to be awarded for compensation in fatal accident cases is 18.
• In fatal accident cases under the Motor Vehicles Act, the wife of the deceased is entitled to an amount of Rs. 15,000 towards loss of consortium.
• In fatal accident cases under the Motor Vehicles Act, the mother and father of the deceased are each entitled to a minimum of Rs. 10,000 for loss of love and affection.
• In fatal accident cases under the Motor Vehicles Act, each minor child of the deceased is entitled to a minimum of Rs. 10,000 for loss of love and affection.

Important points

• Appeal for enhancement of compensation in a fatal accident case allowed.
• Total compensation enhanced from Rs. 2,75,000 to Rs. 5,48,840.
• Interest on the enhanced compensation shall be payable as per the holding of the trial court.

Keywords