TaxTMI 
TaxTMI 
TaxTMI 
2025 (1) TMI 1562
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....ounds. In this judgment, the claimant is referred to as 'the appellant' and the insurance company which preferred two appeals is referred to as 'the respondent', for convenience. 3. The unfortunate incident in which the appellant lost her parents and the younger brother occurred on 20.06.2007. The offending vehicle bearing No. TN-21-X3879/Tata van insured with the respondent driven by its driver in a rash and negligent manner dashed against the stationary auto bearing No. TN-07-Y-0657 in which the deceased persons were travelling. Seeking compensation for the death of the father, mother and the brother, the appellant filed MCOP No. 5238/2011, MCOP No. 5239/2011 and MCOP No. 5252/2011, respectively. On appreciating the evidence on record, both oral and documentary, the Tribunal found the driver of the Tata van to be negligent and ultimately saddled the respondent with the liability to indemnify the owner of the said offending vehicle. Hence, in view of the concurrent findings in that regard, we proceed to SLP (C) No. 30491 of 2018 Etc. Page 3 of 15 consider only on the question whether enhancement of compensation is to be made at the instance of the ap....
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....sp;30491 of 2018 Etc. Page 5 of 15 considered by the Hon'ble High Court and considered the income on assumption basis? C. Whether the Hon'ble High Court has error in awarding Rs. 2,00,000/- to the respondent No. 1 and also Rs. 20,000/- to the respondent no. 2 & 3 towards the loss love and affection and 30,000 /- towards the Funeral Expenses. Whereas this Hon'ble Court had already fixed the quantum in conventional heads at Rs. 70,000/- in total of all, in its judgment in National Insurance Co. Ltd, vs. Pranay Sethi & Ors. (SLP No. 25590/2014))?" 7. It is true that a perusal of the award passed by the Tribunal and the judgment of the High Court in the appeals would reveal that when one-third of the income assessed in the case of the parents was deducted towards their personal expenses by the Tribunal while determining the quantum of enhanced compensation, the High Court did not deduct one-third without assigning any specific reason therefor. In that regard, according to us there cannot be any room for doubt with respect to the position that while calculating the quantum of compensation for death, deduction is bound to be effected towards pers....
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....ents were slightly enhanced by the High Court and it in the case her of father was re-fixed as Rs. 18,000/- and in case of her mother as Rs. 9,000/-. As held by this Court in Sarla Verma's case (supra), in the matter of assessment of SLP (C) No. 30491 of 2018 Etc. Page 8 of 15 compensation, hypothetical considerations would be involved, but nevertheless such assessments should be objective. As noticed hereinbefore, the accident had occurred in the year 2007, and the father of the appellant, who claimed to had been running a jewellery shop, was aged only 48 years at the time of the accident. In the case of the mother of the appellant, she was aged only 38 years at the time of the accident and she was also not a mere housewife and claimed to had been running a jewellery shop. The Tribunal could not be said to have committed any mistake in not accepting the xerox copies of the tax returns and virtually adopted guess work relying on the attending circumstances to fix the monthly income of the parents of the appellant for calculation purpose. But finding that the monthly income so assessed was slightly on the lower side and taking into account various parameters, the High....
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....able to all cases irrespective of the stage of pendency thereof because it is to be assumed that what is enunciated by this Court is, in fact, the law from inception. We may hasten to add that we shall not be understood to have held that pursuant to enunciation of a principle of law, matters that attained finality shall be reopened solely for the purpose of applying the law thus laid. But at the same time, if the matter is pending, then, irrespective of the stage, the principle cannot be ignored. SLP (C) No. 30491 of 2018 Etc. Page 11 of 15 10. Now, we will consider the contention of the respondent-insurer regarding the failure of the High Court to deduct one-third of the income while calculating the compensation payable by way of enhancement, in terms of the decision of this Court in Sarla Verma's case (supra). This is because the decision in Sarla Verma's case (supra) was very much in force as a precedent since 15.04.2009. In view of the same, we are of the view that the respondents are justified in contending that the High Court ought to have deducted one-third of the income while calculating the compensation by way of enhancement, in terms of Sarla Verma's case (supra). ....
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....e parents of the appellant, additions and deductions have to be made taking into account the aforesaid aspects which we have held not considered in the light of the contentions of the respondent-insurer as also the factors with reference to the contentions made on behalf of the appellant. On working out the entitlement of enhancement upon such consideration, we find that the answer can only be in the negative. In fact, if the amount thus payable is re-worked making such additions and deductions on the aforesaid heads it will result in lowering of the quantum of compensation, though certainly not in a big way. At the same time, we cannot lose sight of certain other aspects. The appellant was aged only 14 years when she lost her parents as also her younger brother. True that she got SLP (C) No. 30491 of 2018 Etc. Page 14 of 15 paternal grandfather. But then, the plight and fate on account of such solitude was considered by the Tribunal and the High Court. She will have to experience the same for long. That apart, while calculating compensation it is to be borne in mind that Section 168 of the Motor Vehicles Act mandates grant of 'just compensation'. In a family of 4 members, viz....