whether the appellants are entitled for
enhancement of compensation amount as prayed in these appeals?
On 27.11.2006, Jhabbu Verman, aged 35 years, was on his way back from
Tripuri to Garha (Jabalpur) on his motorcycle bearing registration No. MP-
20-Y-7669 and met with an accident when a truck bearing registration No. MP-
20-GA-2221 being driven by respondent No.1 rashly and negligently collided
with the back of his motorcycle. As a result of the same, Jhabbu Verman
fell towards his right and the wheel of the vehicle ran over his hands
which lead to severe damage to his left hand. Due to the grievous injuries
caused in the said accident, he was immediately taken to the Mahakaushal
College and Hospital and he remained under medical treatment from
28.11.2006, during which period he underwent an operation and plastic
surgery twice on his chest and was advised for amputation of his left hand.
However, due to the severity of injuries caused to him in the accident,
Jhambu Verman died on 08.12.2006.
The High Court after examining the facts, circumstances and
evidence on record enhanced the amount to a total compensation of
Rs.5,35,000/- under all heads with interest at the rate of 8% per annum.
The following is the breakup of compensation under various heads awarded by
the High Court:-
Loss of dependency - Rs. 4,50,000/-
Funeral Expenses - Rs. 5,000/-
Loss of estate - Rs. 5,000/-
Loss of consortium - Rs. 5,000/-
Loss of love - Rs. 20,000/-
and affection
Towards pecuniary - Rs. 50,000/-
Loss
------------------------------------
TOTAL - Rs. 5,35,000/-
In the result, the appellant shall be entitled to compensation under
the following heads:
|1. |Loss of dependency |Rs.9,93,600/- |
|2. |Loss of estate |Rs.1,00,000/- |
|3. |Loss of consortium |Rs.1,00,000/- |
|4. |Loss of love and affection |Rs.2,00,000/- |
| |to children | |
|5. |Funeral expenses |Rs.25,000/- |
|6. |Medical expenses |Rs.1,40,000/- |
|7. |Loss of love and affection |Rs.1,00,000/- |
| |to parents | |
| |TOTAL |Rs. 16,58,600/- |
Further, though all the appellants are legally entitled for equal share of
Rs.1,98,720/- (Rs.9,93,600/- divided by 5) each out of the compensation
awarded towards loss of dependency, however, by keeping in mind the age of
the parents of the deceased and also the future educational requirements of
the minor-children of the deceased, we are of the view that the parents of
the deceased shall be entitled to 1 lakh each out of the total compensation
amount awarded towards loss of dependency and the remaining part of their
share (i.e. Rs.98,720/- each) shall be equally divided and added to the
appellant-minors' share of compensation.
Therefore the following is the
apportionment of the amount awarded towards loss of dependency of the
appellants with proportionate interest:
Appellant No.1 - Rs. 1,98,720/-
Appellant No.2 - Rs. 2,97,440/-
Appellant No.3 - Rs. 2,97,440/-
Appellant No.4 - Rs. 1,00,000/-
Appellant No.5 - Rs. 1,00,000/-
Thus, the total compensation payable to the appellants by the respondent-
Insurance Company will be Rs. 16,58,600/- with interest at the rate of 9%
p.a. from the date of filing of the application till the date of payment.- 2015 SC.MSKLAWREPORTS
