Jahida & Ors vs National Insurance Co Ltd

Najmi Waziri, J

This appeal seeks enhancement of the award of compensation dated 23.02.2018 passed by the learned MACT in MACP No. 268/2017, on the

ground that despite having been proven that the monthly salary of the deceased was Rs. 11,414/- as being a regular employee of M/s Goodluck

Enterprises, his income was taken as only Rs. 6,877/- because he had worked only for 17 days. The Court is of the view that insofar as the

employment as well as the salary of the deceased had been proven i.e. Rs. 11,414/- per month, the latter figure would have to be taken into

consideration while calculating ‘loss of dependency’. His having worked for merely 17 days would not make any difference to his proven ability

to earn or generate the said salary. The dependency on the proven earnings is the determinative factor for the computation of monetary compensation.

It is so ordered.

The learned counsel for the appellants contends that since the age of the deceased at the time of the unfortunate motor vehicular accident was 37

years, therefore, there shall be an addition of 50% and not 40% as granted by the learned Tribunal, towards ‘loss of future prospects’ in terms

of the dicta of the Supreme Court in Parminder Singh vs. New India Assurance Co. Ltd. (2019) 7 SCC 217. The said contention is rejected since the

deceased was employed with the aforesaid company on a fixed salary basis. Therefore, in terms of dicta of Supreme Court in National Insurance Co.

Ltd. vs. Pranay Sethi and Ors. (2017) 16 SCC 680 (para 59.4), addition towards ‘loss of future prospects’ ought to be granted @ 40%.

Accordingly, compensation towards ‘loss of dependency’ shall be:-\

Rs. 11,414/- (monthly income) x 12 (months) x 15 (multiplier) x 75/100 (1/4th deduction towards personal expenses) + 40% (loss of future prospects)

= Rs. 21,57,246/-.

Mr. Pankaj Seth, the learned counsel for the insurance company submits that compensation towards non-pecuniary heads has already been

enhanced in the appeal being MAC APP. 465/2018, filed by the insurance company which stands disposed-off.

Let the aforesaid amount, alongwith interest accrued @9% p.a. from the date of the filing of the claim petition till its realization, be deposited by the

insurer before the learned Tribunal, within three weeks from the date of receipt of a copy of this order, to be released to the beneficiaries of the

Award in terms of the scheme of disbursement specified therein.

The appeal is disposed-off in the above terms.