Summary
The Tribunal’s motor-accident award of Rs.65,60,347.20 was restored. With the accepted age grouping and multiplier 13 unchallenged, the High Court had no justification to reduce future prospects from 30% to 15% because the deceased was aged 50 years and three months. Although the widow could not receive a duplicate love-and-affection amount in addition to consortium, the Court found the overall award reasonable in light of the modest funeral and transportation amounts.
Issues
- Whether future prospects could be reduced while retaining the unchallenged age-group and multiplier findings.
- Whether the total award warranted reduction for overlapping conventional compensation.
Held
- The High Court retained multiplier 13 and the accepted 40-to-50 age grouping. In the absence of challenge to those findings, reducing future prospects to 15% rather than 30% was unjustified on these facts. (¶ 8)
- A widow awarded consortium was not entitled to another amount under the same loss as love and affection. Nevertheless, considering the small funeral and transportation amounts against the claim and the circumstances as a whole, even that Rs.1,00,000 reduction should not have been made here. (¶ 8)
- The Tribunal’s total award was just and reasonable; the High Court had interfered without valid grounds. (¶¶ 5, 9)
Result
Appeal allowed; High Court judgment set aside and Tribunal award of Rs.65,60,347.20 restored. No order as to costs.