HASINA YASMIN Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The claimants seek enhancement of the award, confined to the conventional heads in consonance with the decision in National Insurance Co. Ltd. v. Pranay Sethi [(2017) 16 SCC 680]. They also rely on the judgment of this Court in Rojalini Nayak v. Ajit Sahoo [CA No. 8502 of 2024].

(2.) Learned counsel for the petitioners submits that there were three claimants, the wife and two children, all of whom are entitled to loss of consortium. Even the children are also entitled to loss of filial consortium as has been held in Magma General Insurance Co. Ltd. v. Nanu Ram [(2018) 18 SCC 130]. The Constitution Bench decision in Pranay Sethi1 has also permitted the compensation for loss of estate and funeral expenses in case of death in a motor vehicle accident, to be enhanced @ 10% in every three years.

(3.) Learned counsel for the Insurance Company, however, pointed out that the proposition as laid down in Pranay Sethi1, for enhancement @10% in every three years can apply only in cases of accidents later to the date of the decision. The standardization can be made applicable to the present case also but, there can be no enhancement @ 10%, computed on a three yearly basis, insofar as the accident which occurred as early as in 1998, as is the case herein.