VidhiSangh

Supreme Court of India · 17/10/2022

SARUP SINGH @ RAM SARUP versus HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND ORS.

[2022] 14 S.C.R. 1008 · 2022 INSC 1098

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Summary

A 28-year-old man died in a road accident in 2012. The Tribunal's award to his widow, minor daughter, father and sister was cut by the Punjab and Haryana High Court, which reduced his notional income, ignored future prospects, awarded sums for consortium and for 'love and affection', and lowered interest from 9% to 6%. The Supreme Court partly allowed the claimants' appeals. Accepting the High Court's notional income, it added 40% for future prospects as Pranay Sethi requires, deducted one-third for personal expenses and applied a multiplier of 17. Following Pranay Sethi and Janabai, it awarded Rs 40,000 each for spousal, parental and filial consortium and Rs 30,000 under the conventional heads. Given the year of death, interest was fixed at 7.5% a year from the date of the claim petition.

Issues

  1. Whether the High Court erred in omitting future prospects and in its treatment of consortium, conventional heads and interest when reducing compensation for a death in a motor accident.

Provisions considered

Held

Result

Appeals partly allowed; the High Court's judgment modified, compensation re-computed as above with 7.5% interest from the date of the claim petition till realisation; no costs.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 1008.