Summary
Compensation for a Qatar-employed accident victim was recomputed using his proved earlier salary and a reasoned notional increase, instead of an unproved and suspicious higher-salary letter. The Court applied 50% personal-expense deduction on these facts, 30% future prospects and multiplier 15, and awarded spousal and parental consortium without a separate love-and-affection head. After the affirmed 50% contributory-negligence deduction, compensation was Rs.19,82,563 with 12% annual interest from the claim petition until realization.
Issues
- How foreign earnings should be assessed on the available documentary evidence.
- What deductions, future prospects, multiplier and conventional compensation heads applied.
- How the final award, interest and distribution should be fixed.
Held
- The unproved higher-salary letter could not establish earnings; its asserted employment history, currency and travel purpose raised additional doubts. The proved 1984 contract and continuing overseas employment justified a notional annual increase to assess 1998 income at 2,600 Qatari Riyals monthly, converted at the contemporaneous rate. (¶¶ 3.2, 3.3, 9.1)
- Standards for personal expenses ordinarily follow Sarla Verma, subject to justified departure. Here, maintaining an overseas establishment and its living costs justified 50% deduction despite four dependants. The Court added 30% future prospects and applied multiplier 15. (¶¶ 8, 9.2, 9.3, 9.4, 9.5, 9.6)
- Consortium includes spousal, parental and filial loss. Love and affection is comprehended in consortium and is not a separate compensable conventional head. The widow received Rs.40,000 spousal consortium and each of three children Rs.40,000 parental consortium, in addition to estate and funeral amounts. (¶¶ 8, 9.7)
- The 50% contributory-negligence deduction was maintained. Gross compensation of Rs.39,65,125 yielded Rs.19,82,563 payable, with 12% annual interest from filing until realization in view of the prolonged proceedings. The insurer was to pay the balance within twelve weeks. (¶¶ 9.8, 10, 11, 12, 13)
- Half the total compensation including interest was directed to the widow, who had herself suffered disability and raised the children; the other half was to be divided equally among the three children. (¶¶ 14, 15)
Result
Both appeals disposed of with compensation recomputed at Rs.19,82,563 plus 12% annual interest from claim filing until realization; balance payable within twelve weeks and distribution as directed.