Supreme Court: Sum for loss of estate, loss of consortium and funeral expenses should be enhanced at the rate of 10% in every three years from the year 2017

 In Pranay Sethi   MANU/SC/1366/2017 : (2017) 16 SCC 680, this Court has awarded a total sum of Rs. 70,000/- (Rupees seventy thousand only) under conventional heads, namely, loss of estate, loss of consortium and funeral expenses. It was held that the said sum should be enhanced at the rate of 10% in every three years. It was held thus:

59.8. 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 aforesaid amounts should be enhanced at the rate of 10% in every three years.

33. The judgment in Pranay Sethi   MANU/SC/1366/2017 : (2017) 16 SCC 680 was rendered in the year 2017. Therefore, the claimants are entitled for 10% enhancement. Thus, a sum of Rs. 16,500/- each is awarded towards loss of estate and funeral expenses. {Para 32}

34. A three-Judge Bench of this Court in United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur and Ors.   MANU/SC/0500/2020 : AIR 2020 SC 3076, after considering Pranay Sethi   MANU/SC/1366/2017 : (2017) 16 SCC 680, has awarded spousal consortium at the rate of Rs. 40,000/- (Rupees forty thousand only) and towards loss of parental consortium to each child at the rate of Rs. 40,000/- (Rupees forty thousand only). The compensation under these heads also needs to be increased by 10%. Thus, the spousal consortium is awarded at Rs. 44,000/- (Forty-four thousand only), and towards parental consortium at the rate of Rs. 44,000/- each (Total Rs. 88,000/-) is awarded to the two children.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 6451 of 2021.

Decided On: 25.10.2021

N. Jayasree and Ors. Vs. Cholamandalam MS General Insurance Company Ltd.

Hon'ble Judges/Coram:

S. Abdul Nazeer and Krishna Murari, JJ.

Author: S. Abdul Nazeer, J.

Citation: MANU/SC/0966/2021 : AIR 2021 SC 5218,2021 SCC OnLine SC 967.

Read full Judgment here: Click here.

Print Page

Compensation for funeral expenses whether includes expenses for religious practices and conventions pursuant to death in family?

 We may also take judicial notice of the fact that the Tribunals have been quite frugal with regard to award of compensation under the head 'Funeral Expenses'. The 'Price Index', it is a fact has gone up in that regard also. The head 'Funeral Expenses' does not mean the fee paid in the crematorium or fee paid for the use of space in the cemetery. There are many other expenses in connection with funeral and, if the deceased is follower of any particular religion, there are several religious practices and conventions pursuant to death in a family. All those are quite expensive. Therefore, we are of the view that it will be just, fair and equitable, under the head of 'Funeral Expenses', in the absence of evidence to the contrary for higher expenses, to award at least an amount of Rs. 25,000/-.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 3860 of 2013 (Arising out of S.L.P. (Civil) No. 24825/2010)

Decided On: 12.04.2013

Appellants: Rajesh and Ors.
Vs.
Respondent: Rajbir Singh and Ors.

Hon'ble Judges/Coram:G.S. Singhvi, Kurian Joseph and Sharad Arvind Bobde, JJ.

Citation; (2013)9SCC54,,2014 ALLSCR2434

Print Page