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2019 Supreme(SC) 1944

S.A.BOBDE, SANJAY KISHAN KAUL, DEEPAK GUPTA
Shashikala – Appellant
Versus
Gangalakshmamma – Respondent


Advocates Appeared:
Aishwarya Kumar, Adv., Vipin Gupta, Adv., G. Balaji, Adv., M.K. Dua, Adv., Viresh B Saharya, Adv., Yunus Malik, Adv., Anish Maheshwari, Adv., Sanjeev Agarwal, Adv., Arvind S Avhad, Adv., Khushali, Adv., Saroj Bala, Adv., Farha Malik, Adv., Samir Malik, Adv., Garvesh Kabra, Adv., S.D. Raman, Adv., Vijay Kumar, Adv., Vithika Garg, Adv., Vidushi Garg, Adv., C.D. Singh, Adv., Amit Kumar Singh, Adv., K. Enatoli Sema, Adv., Amith J, Adv., K.K. Bhat, Adv., P.K. Seth, Adv., Manjeet Chawla, Adv.

ORDER

1. This appeal is before three-judge Bench because of difference of opinion between the Hon'ble Judges of this Court. The difference of opinion was only on the issue whether the future prospects are to be taken into consideration for awarding compensation when the deceased is self-employed person. That difference of opinion has been resolved by the Constitution Bench's decision rendered in the case of National Insurance Co. Ltd vs Pranay Sethi & Ors. , (2017) 16 SCC 680, and that issue is, therefore, no longer alive.

2. As far as the present case is concerned, the deceased viz., H.S. Ravi was aged 46 years and he was engaged in transport business. His income as assessed by the two-Judge Bench of this Court was Rs.2,02,911/-. In terms of the judgment in Pranay Sethi & Ors . ( supra ), twenty five per cent of the income has to be added towards future prospects to the compensation which would come to Rs.50,728/- and thereafter, the income is worked out to Rs.2,53,63 9/-. Ten per cent of the said amount i.e. Rs.25,364/- is deducted towards income tax. Professional tax of Rs.2,400/- and the income from the house property shown to be Rs.20,000/- are also liable to be deducted and a

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