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Supreme Court of India · 18/10/2022

RAJ BALA & ORS. versus RAKEJA BEGAM & ORS.

[2022] 14 S.C.R. 1031 · 2022 INSC 1107

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Summary

A 32-year-old Head Constable of the Railway Protection Force drowned when a State Road Transport Corporation bus, driven rashly and negligently, fell into the Chenab. His widow and children sought more compensation than the Tribunal and the Punjab and Haryana High Court had awarded. The Supreme Court partly allowed the appeal. Applying Pranay Sethi, which approved Sarla Verma, it added 50% for future prospects to the deceased's actual income, deducted one-third for personal expenses, kept the multiplier of 16 and awarded Rs 15,000 each for loss of estate and funeral expenses. Although the Corporation had not appealed, the Court would not ignore the Constitution Bench's limits: spousal consortium was capped at Rs 40,000, and the High Court's award for 'love and affection' was replaced by parental consortium of Rs 40,000 per child. Net enhancement: Rs 10,29,260.

Issues

  1. Whether the compensation awarded for the death of a 32-year-old permanent employee was just, in particular as to future prospects and the conventional heads under Pranay Sethi.
  2. Whether, in an appeal by the claimants alone, the Court could correct awards under 'loss of consortium' and 'loss of love and affection' that exceeded or departed from Pranay Sethi.

Provisions considered

Held

Result

Appeal partly allowed; enhanced compensation of Rs 10,29,260 payable by the Road Transport Corporation within eight weeks, failing which with 6% interest from the date of filing of the appeal; no costs.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 1031.