VidhiSangh

Supreme Court of India · 11/07/2022

S. CHANDRASEKHARAN & ORS. versus M. DINAKAR & ANR

[2022] 12 S.C.R. 288 · 2022 INSC 701

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Summary

A 37-year-old homemaker, last employed about three years earlier, died in a Chennai road accident in 2011. The Tribunal fixed her notional income at one-third of her husband's income following Arun Kumar Agrawal, deducted one-third for personal expenses and awarded Rs 36.92 lakh. The Madras High Court instead took her last drawn salary, deducted 50% and reduced the award. The Supreme Court restored the Tribunal's approach: a salary earned three years before death is an unreliable guide for a homemaker's notional income, and Section 168 lets the Tribunal award just compensation on the material before it even if the claimants argued a different basis. One-third deduction was proper as the minor children were dependants; 40% future prospects applies even to notional income; loss of love and affection is subsumed in consortium. Pecuniary loss was refixed at Rs 44.10 lakh.

Issues

  1. Whether the pecuniary loss from the death of a homemaker who had left employment about three years earlier should be computed on her last drawn salary or notionally as one-third of her surviving husband's income under Arun Kumar Agrawal.
  2. Whether claimants who argued one basis of computation before the High Court may be awarded compensation on a different, judicially recognised basis supported by the record.
  3. What deduction for personal expenses applies where the dependants are minor children, whether future prospects are to be added to notional income, and whether loss of love and affection is a separate head from loss of consortium.

Provisions considered

Held

Result

Appeals allowed; pecuniary loss for the death of the deceased refixed at Rs 44,10,000 in place of Rs 30,94,740, consortium at Rs 1,60,000 in place of separate awards for consortium and loss of love and affection, the mother's share raised to Rs 2,00,000; balance payable within two months with interest at 7.5% per annum from the date of the claim petition. No costs.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 288.