(Sanjay Kumar and K. Vinod Chandran, JJ.)
Suma and Others _______________________________ Appellant(s);
v.
Srishail Hoskoti and Another ____________________ Respondent(s).
Civil Appeal No. of 2026 (@ Special Leave Petition (C) No. 18183 of 2023), decided on January 7, 2026
The Order of the court was delivered by
Order
Leave granted.
2. A 2015 accident led to a budding engineer succumbing to the injuries caused, on the spot, leaving his grieving family comprising of his parents, grandparents and brother, who were before the Motor Accident Claims Tribunal1 claiming compensation for the loss caused by the accident. The accident and negligence of the offending vehicle was found proved and so was the vehicle found to have a valid insurance policy. At the time of the accident, the deceased was in the final semester of the graduate course in engineering. The Tribunal awarded an amount of Rs. 12,45,000/- (Rupees Twelve Lakhs Forty-Five Thousand) computing the income at the rate of Rs. 10,000/- (Rupees Ten Thousand) while the High Court enhanced the income to Rs. 20,000/- (Rupees Twenty Thousand) and granted a total compensation of Rs. 21,90,000/- (Rupees Twenty One Lakhs Ninety Thousand).
3. The Appeal is filed for enhancement of the income based on the future prospects.
4. Admittedly, National Insurance Co. Ltd. v. Pranay Sethi2 has declared that even a person on self-employment as distinguished from a permanent job would be entitled to 40% enhancement for future prospects when the deceased is aged below 40 years. We find no reason to deny the said claim for future prospects.
5. The Tribunal and the High Court has awarded Rs. 30,000/- (Rupees Thirty Thousand) additionally, which as held in Pranay Sethi2 is towards loss of estate and funeral expenses which is at the rate of Rs. 15,000/- (Rupees Fifteen Thousand) each.
6. We notice that Magma General Insurance Co. Ltd. v. Nanu Ram3 further held that parents are entitled to compensation for loss of filial consortium at the rate of Rs. 40,000/- (Rupees Forty Thousand) each. Hence, the compensation awarded is modified in the following manner:
| Sl. No. | Head | Amount in Rs. |
| 1. | Loss of dependency 20,000 × 140% × 18 × 12 × 1/2 | 30,24,000/- |
| 2. | Loss of estate | 15,000/- |
| 3. | Funeral expenses | 15,000/- |
| 4. | Filial consortium @ Rs. 40,000/- each | 80,000/- |
| 5. | Total | 31,34,000/- |
7. The above amount, after deduction of that already paid would be disbursed along with interest at the rate of 6% per annum as directed by the High Court within a period of two months from today.
8. The appeal stands allowed.
9. Pending application(s), if any, shall stand disposed of.
———
1 For brevity ‘the Tribunal’
2 (2017) 16 SCC 680
3 (2018) 18 SCC 130
