Summary
A 35-year-old progressive farmer and village lambardar was killed in a truck collision in 2004. He was survived by his wife, two minor children and his mother. He cultivated about 66 acres of family land for a one-third share of the produce and owned 12 acres. The Tribunal awarded Rs 6.6 lakh, which the Punjab and Haryana High Court raised to Rs 17.66 lakh. The Supreme Court found the assessed income of Rs 95,000 a year too low on the documentary evidence of extensive cultivation. It reassessed income at Rs 1.5 lakh a year and added 40% for future prospects, with a one-fourth personal deduction and a multiplier of 16, giving loss of dependency of Rs 25.2 lakh. Following Pranay Sethi and Magma General v. Nanu Ram, it awarded Rs 40,000 each in parental and filial consortium to the children and mother.
Issues
- Whether the income of a deceased farmer who cultivated about 66 acres for a one-third share of produce was correctly assessed for loss of dependency.
- What amounts are payable to the deceased's children and mother towards parental and filial consortium.
Provisions considered
- Section 166, Motor Vehicles Act, 1988Just compensation in the claim was recomputed with a higher assessed income, 40% future prospects, a one-fourth deduction for four dependants and a multiplier of 16, and consortium was awarded under the conventional heads fixed in Pranay Sethi. (¶¶ 3, 9, 12, 13)
Held
- The Agricultural Produce Market Committee forms and the cultivation agreement showed that the deceased cultivated about 66 acres for one-third of the produce besides owning 12 acres, so the income of Rs 95,000 a year was on the lower side; though the claimed Rs 1 lakh a month was unproved, income was taken at Rs 1,50,000 a year, and with 40% future prospects, one-fourth deduction and multiplier 16 the loss of dependency is Rs 25,20,000. (¶¶ 8, 9)
- Consortium is a compendious head covering spousal, parental and filial consortium (Rajesh v. Rajbir Singh, Pranay Sethi, Magma General Insurance v. Nanu Ram); applying Magma, each of the two children and the deceased's mother is entitled to Rs 40,000, a total of Rs 1,20,000. (¶¶ 11, 12, 13)
Result
Civil Appeal No. 9233 of 2022 allowed without costs; the Punjab and Haryana High Court judgment dated 18.03.2019 in FAO No. 2228 of 2007 modified to award Rs 25,20,000 towards loss of dependency and Rs 40,000 each to the two children and mother towards parental and filial consortium, other components and the rate of interest remaining undisturbed.