Court revises compensation from Rs. 5,89,000 to Rs. 8,81,500, recognizing future prospects and consortium benefits under Supreme Court precedents.
In a significant judgment, the Gauhati High Court has revised the compensation awarded to the family of a road accident victim, Lt. Bani Deka, from Rs. 5,89,000 to Rs. 8,81,500. The decision, delivered by Justice Kaushik Goswami on August 18, 2026, addresses the appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the initial award by the Additional District Judge, Kamrup.
The appellant, Smt. Putul Deka, along with her two sons, sought enhanced compensation following the death of Lt. Bani Deka in a road accident. The original compensation awarded by the Tribunal did not account for future prospects or parental consortium, which are crucial components in determining fair compensation.
In the appeal, the court recognized the omission and rectified it by incorporating an additional 25% towards future prospects for the deceased, who was self-employed and aged 44 years at the time of death. This adjustment aligns with the principles laid down by the Supreme Court in "National Insurance Company Limited v. Pranay Sethi" and "Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram."
Justice Goswami noted that the compensation for spousal and parental consortium was also inadequately addressed. The court awarded Rs. 48,400 for spousal consortium and Rs. 96,800 for parental consortium, in line with the Supreme Court's directives. Additionally, the amounts for funeral expenses and loss of estate were revised to Rs. 18,150 each.
The judgment underscores the importance of adhering to Supreme Court guidelines to ensure just compensation for victims' families. The Insurance Company, respondent No.3 in the case, has been directed to pay the revised compensation amount along with interest within six weeks.
This decision not only provides relief to the bereaved family but also sets a precedent for addressing similar cases with fairness and adherence to established legal principles.
Bottom Line :
Motor Vehicles Act - Enhancement of compensation awarded by the Tribunal - Compensation under future prospects, spousal consortium, parental consortium, loss of estate, and funeral expenses revised in light of Supreme Court precedents.
Statutory provision(s): Motor Vehicles Act, 1988 Section 173, Section 166
Smt. Putul Deka v. Kamal Rajbongshi, (Gauhati) : Law Finder Doc id # 2963297
