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Judgment
The appellants have challenged the awards of the Claims Tribunal whereby compensation of Rs.11,95,000/- has been awarded in respect of death
of Aslam (the father of the appellants) and Rs.11,95,000/- has been awarded in respect of death of Kamarjahan (the mother of the appellants).
The accident dated 05th July, 2014 resulted in the death of Aslam and his wife, Kamarjahan. Both the deceased persons were aged 32 years and
were survived by their four minor children namely Suhail, Mehsarjahan, Faijan and Arman.
In both the claims, the Claims Tribunal took the minimum wages of Rs.7,341/- per month as income of the deceased; deducted 1/4th towards the
personal expenses of deceased and applied the multiplier of 16 to compute the loss of dependency as Rs.10,57,104/-. The Claims Tribunal awarded
Rs.1,00,000/- towards loss of love and affection, Rs.10,000/- towards loss of estate and Rs.25,000/-towards funeral expenses. The Claims Tribunal
awarded total compensation of Rs.11,95,000/- in respect of each of the claims.
Learned counsel for the appellant urged at the time of hearing that future prospects have not been taken into consideration in terms of National
Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC Online SC 1270.
Learned counsel for respondent No.3 submits that compensation for loss of love and affection is no more a permissible head and be set aside and
the compensation of loss of estate and funeral expenses be awarded in terms of the principles laid down in National Insurance Co. Limited vs. Pranay
Sethi and Ors. (Supra).
This Court is of the view that the claimants are entitled to the addition of 40% of the future prospects in terms of the principles laid down in
National Insurance Co. Limited vs. Pranay Sethi and Ors. (Supra). However, the compensation of Rs.1,00,000/- awarded towards loss of love and
affection is no more a permissible head and is liable to be set aside. The compensation of loss of estate and funeral expenses has to be restricted to
Rs.15,000/- each.
Taking the income of both the deceased as Rs.7,341/- per month each, adding 40% towards future prospects, deducting 1/4th towards personal
expenses and applying multiplier of 16, the loss of dependency in both the cases is computed as Rs.14,79,945.6 each. Adding Rs.15,000/- towards loss
of estate and Rs.15,000/- towards funeral expenses, the total compensation is computed as Rs15,09,945.6.
Both the appeals are allowed and the compensation amount is enhanced from Rs.11,95,000/- to Rs15,09,945.6 rounded-off to Rs15,10,000/- in
MAC.APP.199/2018 and from Rs.11,95,000/- to Rs15,09,945.6 rounded-off to Rs15,10,000/- in MAC.APP.200/2018 along with interest @ 9% per
annum.
Respondent No.3 is directed to deposit the enhanced award amounts with the Registrar General of this Court within four weeks.
Copy of this Judgment be given dasti to counsels for the parties under the signatures of the Court Master.