Loss of consortium to be awarded in case of death

FACTS:

1. Due to negligent driving of truck driver an accident occurred resulting Jagjit Singh, Husband of appellant’s death.
2. Claim was file in MACT, and compensation was granted.
3. Appeal was made in HC stating that the compensation awarded is not sufficient as the family of two children, wife, mother and other family, who’s 54 acre was cultivated by the deceased.
4. Aggrieved by the order passed by the HC, appeal was made to SC stating same.

ARGUMENT BY APPELLANT:

1. The amount as compensation by the HC is insufficient as the family of 4 and other family member who’s 54 acre of land was being cultivated by the deceased.
2. The deceased was young, well educated, and progressive farmer who employed modern farming techniques, and was instrumental in increasing the income from the lands.
3. The death of the deceased affected the income generating capacity, and therefore, the loss of dependency on that score was vital.

ARGUMENT BY RESPONDENT:

1. The business is a running one and there is no loss of dependency.
2. The business was on account of the agricultural lands, and since the petitioners, as heirs of the deceased, own and occupy the lands, there is no real fall in the income.

OBSERVATION:

1. The amount the deceased earned in a year and his expenses for himself and land is ₹  17,66,000/- With interest @ 7.5% per annum.
2. The SC is of the opinion that even while the High Court increased the level of income, it did not address the issue in the correct perspective.
3. the claim was for an extent of 1 crore. Whilst there is no evidence for the latter amount.
4. the amount towards loss of consortium awarded in favour of the fourth petitioner is too low.
5. The appellants are entitled to 25,20,000/- towards loss of dependency and are entitled to ₹40,000/- each towards filial and parental consortium.

JUDGEMENT: Allowed.

Original Citiation: C.A. No. 9233/2022 – D.No. 6634 / 2020 15-Dec-2022

Written by Anchal Pagar, New Law College, Bharati Vidhyapeeth, Pune