Connected appeals S.B. Civil Miscellaneous Appeal Nos. 3629/2022 (claimants Buddhiprakash and Chanda Bai) and 2794/2022 (Reliance General Insurance Company Limited), both under Section 173, Motor Vehicles Act 1988, against the award dated 29-07-2022 of the Motor Accident Claims Tribunal, Baran in Claim Case No. 74/2019, arising from the 06-04-2019 road death of Meenakshi Sharma (aged 25, unmarried, earning Rs. 23,300/- per month as taxi driver and cooking-class operator). Disbelieving the deceased's income-tax return (Ex.24, annual income Rs. 2,79,600/-), the Tribunal had notionally fixed Rs. 15,000/- per month. The High Court held the Tribunal's disbelief untenable — page 2 of Ex.24 details Rs. 2,33,268 (taxi) + Rs. 46,335 (cooking classes) + Rs. 154 (bank interest) = Rs. 2,79,757/- p.a. — and adopted that figure, added 40% future prospects per Pranay Sethi ((2017) 16 SCC 680) making Rs. 3,91,660/-, endorsed the Tribunal's one-half personal-expense deduction (net Rs. 1,95,830/-) and confirmed multiplier 18 for age 25 per Sarla Verma ((2009) 6 SCC 121), giving loss of dependency of Rs. 35,24,940/-. Applying Pranay Sethi, Sunitar Kaur ((2021) 11 SCC 780) and Nanu Ram ((2018) 18 SCC 130), filial consortium was raised to Rs. 48,000/- per parent (Rs. 96,000/- total); funeral expenses and loss of estate were each raised 10% to Rs. 18,000/-; the Rs. 5,000/- litigation-cost award was disallowed as not payable under Pranay Sethi. The claimants' appeal was allowed and the award revised from Rs. 23,38,000/- to Rs. 36,56,940/- (enhancement Rs. 13,18,940/-) carrying 8% per annum interest from the date of filing the claim application, with TDS and off-set of sums already received. The insurer's cross-appeal was dismissed: FIR Ex.5 established the deceased was riding on her correct side when the vehicle driven rashly on the wrong side struck her (no contributory negligence), and, per the Supreme Court principle in Smt. Anjali ((2023) 0 ACJ 637) set against Siby Paul (AIR 2009 Kerala 99), mere non-wearing of a helmet warrants no deduction absent a causal contribution to the accident; nor was the award excessive. The 50% FDR amount lying with the Tribunal was ordered released to the claimants per the revised figure.
