corporate laws – M.V. Act – Insurance laws – personal expenditure was fixed from 1/3 to 1/2 as dependents are majors= The deduction made for personal expenses at 1/3 is very low keeping in view the fact that the claimants are his two major sons and two grand­daughters. – We feel that 50% deduction is called for and if this factor is taken into consideration then the loss of dependency is Rs.1,82,250/­ and if multiplier of 5 is used, the compensation works out to Rs.9,11,250/­.

1

‘NON­REPORTABLE’

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITON (C) NO(S).13931 OF 2017

NEW INDIA ASSURANCE CO. LTD.       …. Petitioner (s)

Versus

VINISH JAIN AND ORS.      … Respondent(s)

WITH

SPECIAL LEAVE PETITON (C) NO(S).13932 OF 2017

NEW INDIA ASSURANCE CO. LTD.       …. Petitioner (s)

Versus

VINISH JAIN AND ORS.      … Respondent(s)

CIVIL APPEAL NO. 2445  OF 2018

(@SPECIAL LEAVE PETITION (C) NO(S).13933 OF 2017)

NEW INDIA ASSURANCE CO. LTD.       …. Appellant (s)

Versus

YOGESH JAIN AND ORS.      … Respondent(s)

J U D G M E N T

Deepak Gupta J.

1. These   three   cases   are   directed   against   the   judgment

dated  03.10.2016  whereby   three  appeals  under  the   Motor

Vehicles Act were disposed of by the High Court.

2

SLP (C) NO(S).13931 OF 2017

2. This case is filed by Vinish Jain and others.  It relates to

death of one Alok Jain.   Even as per the learned counsel for

the petitioner if the judgment rendered by the Constitution

Bench   of   this   Court   in  National   Insurance   Co.   Ltd. v.

Pranay Sethi1

is applied, the difference in compensation is

just about 5%.

3. This Court normally does not interfere where variation in

the compensation is within the permissible limits.  Therefore,

the special leave petition is dismissed.

SLP (C) NO(S).13932 OF 2017

4. This case filed by Vinish Jain and others relates to death

of one Kalpana Jain.   Even as per the learned counsel for the

petitioner if the judgment rendered by the Constitution Bench

of   this   Court   in  Pranay   Sethi (supra)   is   applied,   the

difference in compensation is just about 4%.

1

(2017) 16 SCC 680

3

5. This Court normally does not interfere where variation in

the compensation is within the permissible limits.  Therefore,

the special leave petition is dismissed.

CIVIL APPEAL @ SLP (C) NO(S).13933/2017

6.  Leave granted.

7. This case relates to death of one A.P. Jain.  He was 78

years of age.   At the time of death, his annual income was

assessed at Rs.3,64,500/­.  The deduction made for personal

expenses at 1/3 is very low keeping in view the fact that the

claimants are his two major sons and two grand­daughters.

The major sons have their own source of income and were not

dependent on the deceased and the two grand­daughters are

primarily   dependent   on   their   father   and   not   on   their

grandfather.  We are also of the view that the High Court has

erred in granting Rs. 50,000/­ as loss of love and affection to

each of the claimants.   The total compensation granted is

Rs.14,39,980/­   along   with   interest   at   the   rate   of   7.5%

per annum.

4

8. We feel that 50% deduction is called for and if this factor

is taken into consideration then the loss of dependency is

Rs.1,82,250/­ and if multiplier of 5 is used, the compensation

works out to Rs.9,11,250/­.  In addition, the claimants would

be entitled to Rs.70,000/­ for love and affection and funeral

expenses etc. as per the judgment of this Court passed in the

case of  Pranay  Sethi (supra).   Accordingly, the amount of

compensation is reduced to Rs.9,81,250/­ along with interest

awarded by the Tribunal.

9. Stay   granted   vide   order   dated   24.04.2017   stands

vacated.     The   appeal   is   disposed   of   in   the   above   terms.

Pending applications, if any, shall also stand disposed of.

………………………..J.

(Madan B. Lokur)

…………………………J.

(Deepak Gupta)

New Delhi

February  23, 2018