SC: No parent should have to suffer through the death of their children, much less their only child [Read Judgment]

The division judge bench of Justice B.R. Gavai and Justice C.T. Ravikumar of the apex court in the case of S. Vasanthi & Anr V. M/S Adhiparasakthi Engg. College and Another held that the deceased was the only issue of the appellants. Since no parent should have to suffer through the death of their children, much less their only child.

BRIEF FACTS

The factual matrix of the case is that S. Sathiyanarayan was riding a motorcycle and the bus came from the same direction and dashed against his motorcycle from the backside. Thereafter, the parents of the deceased filed the petition before the Motor Accident Claims   Tribunal, Poonamallee (hereinafter referred to as “the Tribunal”), under Section 166 of the Motor Vehicles Act, 1988, for the grant of compensation with the tune at Rs 30,00,000/- with interest on the account of the death of their son. The tribunal after taking into consideration the qualifications of the deceased passed the award of Rs. 7,48,052/­ as compensation with interest at the rate of 7.5% per annum from the date of the petition till the date of realization. Thereafter, the appeal was filed before the high court for the enhancement of the compensation. Thus, the High Court enhanced the compensation from Rs. 7,48,052/­ to Rs. 16,27,000/­.

The learned counsel appearing on behalf of the appellant has submitted that the both the high court and the trial court has committed a grave error in calculating the notional monthly income of the deceased S. Sathiyanarayan at the rate of Rs. 10,000/­. It was further submitted that the two classmates of her deceased son would go on to get employment with reputed companies in India on a monthly salary of approximately Rs. 40,000/­. The deceased would have attracted well paying job if he had been alive as he was an engineering graduate and pursuing MBA degree. The learned counsel also relied upon the judgment Kurvan Ansari Alias Kurvan Ali and Another vs. Shyam Kishore Murmu and Another.

The learned counsel appearing on behalf of the respondent has contended that the high court and the trial court were correct in assessing the notional income at the rate of Rs. 7,000/­ and Rs. 10,000/­ per month respectively, as the deceased S. Sathiyanarayan was not yet in employment and was merely a second­year student of his MBA course at that time.

COURT’S OBSERVATION

The hon’ble court held that it could thus be seen that the deceased S. Sathiyanarayan was twenty­three years of age at the time of the accident. He was a qualified engineering graduate and was pursuing an MBA degree at SRM University to further his professional capabilities.   In view of the specific averments made in the affidavit as to the employment prospects of   the classmates of the deceased  S. Sathiyanarayan and also his young age at the time of the accident, we are of the considered view that the Tribunal and the High Court have erred in not giving due weightage to the same. Had the deceased S. Sathiyanarayan not met with the unfortunate accident, he would have surely drawn a salary equivalent to that of his classmates or at least an amount near the said amount. Furthermore, the deceased was the only issue of the appellants. Since no parent should have to suffer through the death of their children, much less their only child, we are of the considered view that the monthly income as calculated   by   the High Court is inadequate.

The apex court held that since he was the only child of the appellants, in view of paragraphs (31) and (32) of the judgment in the case of Sarla Varma (Smt.) and Others v.Delhi Transport Corporation and Another a Constitution Bench decision in the case of National Insurance   Company Limited  v. Pranay Sethi and Others, 50% of the amount would have to be deducted as personal and living expenses.  We further find that, insofar as the loss of consortium is concerned, an amount of Rs. 40,000/­ will have to be awarded. Further, the enhanced compensation of Rs. 29,84,000/­ along with interest at the rate of 7.5% per annum shall be paid to the appellants within a period of three months from the date of this judgment.

CASE NAME- S. Vasanthi & Anr V. M/S Adhiparasakthi Engg. College and Another

CITATION- CIVIL APPEAL NO. 7180  OF 2022

CORUM- Justice B.R. Gavai and Justice C.T. Ravikumar

DATED- 11.10.22

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