IFFCO TOKIO Vs. MAHAMADBHAI

JUDGEMENT

(1.) Notice was issued by this Court for final disposal on 10/08/2020; the claimants did not appear. One more opportunity was given as indicated in the order dated 12/10/2020 still the claimants have failed to appear; this Court therefore proceed to hear the appellant-insurance company and decide the case.

(2.) Only limited issue raised in this First Appeal by the appellant is whether a sum of Rs.1.00 Lakh was awardable to the claimant under the head of loss of love and affection separately when a sum of Rs.40,000/- was already awarded to the claimants under the head of consortium. Learned Counsel for the appellant has drawn attention of this Court to the case of United India Insurance Co.Ltd. Versus Satinder Kaur @ Satwinder Kaur [AIR 2020 SC 3076] wherein while dealing with the identical issue a reference was made to the case of Pranay Sethi thus and relying the said decision, it was held that there would be no separate award under the head of loss of love and affection once the award was made under the head of consortium.

(3.) The Court held that the conventional and traditional heads, cannot be determined on percentage basis, because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified, which has to be based on a reasonable foundation. It was observed that factors such as price index, fall in bank interest, escalation of rates, are aspects which have to be taken into consideration. The Court held that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The Court was of the view that the amounts to be awarded under these conventional heads should be enhanced by 10% every three years, which will bring consistency in respect of these heads.