KURVAN ANSARI ALIAS KURVAN ALI & ANR. versus SHYAM KISHORE MURMU & ANR.

KURVAN ANSARI ALIAS KURVAN ALI & ANR. versus SHYAM KISHORE MURMU & ANR.

Because Schedule-II's notional income of Rs.15,000 per annum was fixed in 1994 and the Central Government has not amended it despite its duty under Section 163-A(3), the Court increased the notional income for this non-earning deceased child to Rs.25,000 per annum, applied multiplier 15 to compute loss of dependency (Rs.3,75,000), and awarded total compensation of Rs.4,70,000 with interest at 6% per annum from the date of the claim petition; the insurer (respondent No.2) to pay and may recover from the owner (respondent No.1).

Parties
Appellants: KURVAN ANSARI ALIAS KURVAN ALI & ANR.; Respondents: SHYAM KISHORE MURMU & ANR.
Jurisdiction
India
Judgment Date
16 November 2021
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment Dated 03.08.2018
Outcome
Appeal partly allowed
Legal Topics
Section 163 a, Schedule II (notional Income), Calculation of Compensation, Filial Consortium, Funeral Expenses, Role of Central Government to Amend Schedule II
Motor Vehicles Act, 1988 Motor Accident Claims Insurance Law Section 163 a Schedule II (notional Income) Calculation of Compensation Filial Consortium Funeral Expenses +1 more

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Parties

KURVAN ANSARI ALIAS KURVAN ALI & ANR.

Appellants

SHYAM KISHORE MURMU & ANR.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment Dated 03.08.2018

Legal Issues

  1. 1 Whether notional income fixed by Schedule-II for non-earning deceased should be increased given inflation and non-amendment by Central Government
  2. 2 Proper quantum of compensation under Section 163-A for death of a non-earning child
  3. 3 Whether prior decisions (Puttamma, R.K. Malik, Kishan Gopal) warrant enhancement of notional income

Ratio Decidendi

Because Schedule-II's notional income of Rs.15,000 per annum was fixed in 1994 and the Central Government has not amended it despite its duty under Section 163-A(3), the Court increased the notional income for this non-earning deceased child to Rs.25,000 per annum, applied multiplier 15 to compute loss of dependency (Rs.3,75,000), and awarded total compensation of Rs.4,70,000 with interest at 6% per annum from the date of the claim petition; the insurer (respondent No.2) to pay and may recover from the owner (respondent No.1).

Court Disposition

Appeal partly allowed

Orders

  • Notional income of the deceased fixed at Rs.25,000 per annum for calculation under Section 163-A of the Motor Vehicles Act, 1988
  • Loss of dependency awarded: Rs.3,75,000 (Rs.25,000 x multiplier 15)