Suresh Kait, J. (Oral)

1. The present appeal is preferred against the impugned award dated 01.12.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.11,63,000 /- with interest at the rate of 9% per annum from the date of filing the petition till realization of the amount.

2. Learned counsel appearing on behalf of the appellants/claimants submits that on the date of the accident, deceased was 48 years of age. He was in a private job and getting salary of Rs.11,000/- per month. PW3, Shri Sujeet Kumar, Clerk from Pratham Enterprises has proved the salary slips of the deceased as Ex.PW3/A to Ex.PW3/C and his letter of appointment as Ex.PW3/D. Despite that, the learned Tribunal has not added any amount in his actual income towards future prospects.

3. To strengthen his arguments, the learned counsel has relied upon a case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563 [LQ/SC/2013/422] , wherein the Full Bench of the Apex Court has granted future prospects upto 50% of the actual income

11. Since, the Court in Santosh Devis case (supra) actually intended to follow the principle in the case of salaried persons as laid in Sarla Vermas case (supra) and to make it applicable also to the self-employed and persons on fixed wages, it is clarified that the increase in the case of those groups is not 30% always; it will also have a reference to the age. In other words, in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. Needless to say that the actual income should be income after paying the tax, if any. Addition should be 30% in case the deceased was in the age group of 40 to 50 years.

12. In Sarla Vermas case (supra), it has been stated that in the case of those above 50 years, there shall be no addition. Having regard to the fact that in the case of those self-employed or on fixed wages, where there is normally no age of superannuation, we are of the view that it will only be just and equitable to provide an addition of 15% in the case where the victim is between the age group of 50 to 60 years so as to make the compensation just, equitable, fair and reasonable. There shall normally be no addition thereafter.

4. Learned counsel further submits that the learned Tribunal has granted compensation at Rs.10,000/- each for loss of consortium, loss of estate and funeral expenses is on lower side.

5. On the other hand, learned counsel appearing on behalf of the respondent No.3/Insurance Company submits that the accident had taken place on 10.03.2010 and the deceased Shri Bihari Lal joined the service on 01.01.2010 as per the records. PW3, Sujeet Kumar has not deposed in his statement that there was any scope of promotion or increase in the salary of the deceased. Therefore, the respondents/claimants are not entitled for any amount towards future prospects and the learned Tribunal has rightly not added any amount towards the same.

6. Learned counsel further submits that so far as the non-pecuniary damages are concerned, the learned Tribunal has awarded a sum of Rs.1,50,000/- towards loss of love and affection on a higher side. However, fairly concedes that the learned Tribunal has granted compensation towards loss of consortium and funeral expenses on a lower side.

7. Since the learned Tribunal has granted a sum of Rs.1,50,000/- for loss of love and affection, therefore, keeping the equity into view and to grant just and reasonable compensation, I enhance the compensation from Rs.10,000/- to Rs.50,000/- on account of loss of consortium and from Rs.10,000/- to Rs.25,000/- for funeral expenses.

8. So far as the issue of future prospects is concerned, while relying upon the dictum of the Full Bench of the Apex Court in the case of Rajesh & Ors. (supra), the same has been considered by this Court in the case bearing MACA No.846/2011 titled as ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors., decided on 30.09.2013.

9. Therefore, keeping in view the settled position of law and that the deceased was aged 48 years at the time of the accident, I grant 30% of the actual income of the deceased towards future prospects.

10. Accordingly, the compensation amount comes as under:

Sl. No.Heads of CompensationCompensation granted by ld. TribunalCompensation granted by this Court

1.Loss of dependencyRs.9,83,000/-Rs.12,77,640/-

2.Loss of love and affectionRs.1,50,000/-Rs. 1,50,000/-

3.Loss of consortiumRs. 10,000/-Rs. 50,000/-

4.Loss of estateRs. 10,000/-Rs. 10,000/-

5.For funeral expensesRs. 10,000/-Rs. 25,000/-

TOTALRs.11,63,000/-Rs.15,12,640/-





Accordingly, the total compensation amount is assessed as Rs.15,12,640/-

11. Resultantly, an amount of Rs.3,49,640/- (Rs.15,12,640/- - Rs.11,63,000/-) is enhanced.

12. The enhanced compensation amount shall carry interest @ 9% per annum from the date of filing of the claim petition till realization of the amount. MAC.APP. 625/2012 Page 5 of 5

13. Accordingly, the respondent No.3/Insurance Company is directed to deposit the enhanced compensation amount with upto date interest accrued thereon with the Registrar General of this Court within a period of five weeks from today, failing which, appellants/claimants shall be entitled for penal interest @ 12% per annum on account of delayed payment.

14. On deposit, the Registrar General is directed to release the same in favour of the appellants/claimants proportionally in terms of the award dated 01.12.2011 passed by the learned Tribunal.

15. In view of the above, the appeal is allowed.