Accident claim – compensation is to be fixed taking into consideration of future prospects of the deceased also – Apex court fixed future prospects at 25 % per annum on the income of the deceased- 2019 ACJ [ APEX COURT JUDGMENTS] VOL. NO.1/ 2019 APEX COURT DIGEST VOL. NO.1

2019 ACJ [ APEX COURT JUDGMENTS] VOL. NO.1/ 2019 APEX COURT DIGEST VOL. NO.1

  1. Accident claim – Tribunal fixed the income of the deceased at Rs.3,000/- and granted compensation without considering future prospects – High court dismissed the appeal due to delay- Apex court condone the delay and held that

The only question for our consideration is about the quantum of compensation to be paid to the claimants. It is noticed that the appellants did not produce any substantive evidence regarding the income of the deceased on the date of the accident. On that basis, the Tribunal assumed the income of the deceased to be Rs. 3,000/- per month. That finding of fact needs no interference. The only issue on which the appeal ought to succeed is about the computation by the Tribunal which is not in consonance with the decision of this Court in National Insurance Co. Vs. Pranay Sethi & Ors. � 2017 AIR SC 5157. In that, the appellants would be entitled to future prospects at the rate of 25 per cent and also other benefits including interest at the rate of 9 per cent.

Resultantly, the amount of compensation will work out as follows:

Income = Rs. 3,000/-

Future Prospects = 25%

Income after adding future

prospects = Rs. 3,750/-

(3,000 x 25/100 = 750

(3000 + 750)

Deduction = 1/4

Income after deduction = Rs. 2812.5

(3,750 � 3,750 x 1/4

i.e. 937.5 = 2812

Loss of dependency =

= 2812.5 x 14 x 12

Rs. 4,72,500

(Age = 42 Multiplier = 14)

Loss of consortium = Rs. 40,000/-

Loss of Estate = Rs. 15,000/-

Less Funeral expenses = Rs. 15,000/-

Total Compensation = Rs. 5,42,500/-

Interest percentage = 9%

Accordingly, the appeal is allowed by modifying the award passed by the Tribunal and by enhancing the compensation amount to Rs. 5,42,500/- to be paid alongwith interest at the rate of 9 per -cent per annum from the date of filing of the Claim Petition. No order as to costs.