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(2026) Law Today Live Doc. Id. 20790 = 2026:PHHC:009699
Decided on: 22.01.2026
Present:
None for the appellants.
Mr. Survir Dewan, Advocate, for respondent No.3.
Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Interest -- Notional income of the deceased taken at Rs.2100 per month -- Deceased being about 40 years of age after adding 40% as future prospects, the annual income works out to be Rs.35,280/- -- There being three claimants, 1/3rd deduction made for self-expenses -- Annual loss of dependency comes to Rs.23,500/-. -- Applicable multiplier will be 15, having regard to the age of the deceased and so compensation works to be Rs.3,52,800/- -- Accident in 1996, an amount of Rs.10,000/- each i.e. Rs.30,000/- awarded towards loss of consortium/parental consortium -- Whereas, Rs.5,000/- each is awarded under the heads of loss of estate and funeral expenses -- Total compensation works out to be Rs.3,92,800/- -- Enhanced compensation of Rs.1,48,800/- payable along with interest @ 7.5% per month from the date of filing of the petition till its realisation.
(Para 3-4)
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DEEPAK GUPTA, J. (ORAL) –
Claimants are before this Court seeking enhancement in compensation. A motor vehicular accident took place on 27.07.1996 in which Om Singh lost his life. His widow and two minor sons filed petition under Section 166 of the Motor Vehicles Act, 1988. Learned Tribunal assessed the compensation of Rs.2,44,000/- payable by all the three respondents i.e. driver, owner and insurer along with interest.
2. Seeking enhancement, it is submitted by learned counsel that nothing has been added towards future prospects and even the compensation under the other heads is inadequate.
3. Learned Tribunal has assumed the notional income of the deceased at Rs.2100 per month, which is not disputed by learned counsel. It means that his annual income was Rs.25,200/-. Deceased being about 40 years of age, 40% amount is liable to be added towards future prospects as per “National Insurance Company Limited v. Pranay Sethi and others” 2017(4) RCR (Civil) 1009 = (2017) Law Today Live Doc. Id. 10002 = 2018(1) L.A.R. 1. After adding 40%, the annual income works out to be Rs.35,280/-. There being three claimants, 1/3rd deduction is required to be made for self-expenses. After making this deduction, the annual loss of dependency comes to Rs.23,500/-. Applicable multiplier will be 15, having regard to the age of the deceased and so compensation works to be Rs.3,52,800/-.
3A. Considering that accident had taken place in 1996, an amount of Rs.10,000/- each i.e. Rs.30,000/- is awarded towards loss of consortium/parental consortium. Whereas, Rs.5,000/- each is awarded under the heads of loss of estate and funeral expenses. By addition these amounts, total compensation works out to be Rs.3,92,800/-. An amount of Rs.2,44,000/- has already been awarded and therefore, the appellants are held entitled to the enhanced compensation of Rs.1,48,800/-.
4. Accordingly, the present appeal is accepted in the aforesaid terms with the direction to respondent No.3-Insurance Company to pay the enhanced compensation of Rs.1,48,800/- along with interest @ 7.5% per month from the date of filing of the petition till its realisation.
Disposed of.
Order accordingly.
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