Future prospects of the deceased should be considered for determining loss of dependency in motor accident compensation cases.

ORDER

1. Delay condoned.

2. Leave granted.

3. The appellants are before this Court seeking enhancement of the compensation as against the sum awarded by the High Court.

4. In respect of the accident, which occurred on 04th December, 2011, the compensation claimed was in view of the death of the husband of the claimant no.1, who was working as a driver in the Municipal Corporation as on date of death.

5. The Motor Accidents Claims Tribunal ('MACT' for short), having considered, through the Order dated 28.01.2015, held that the deceased was solely rash and negligent in causing the accident. Hence, had rejected the claim petition filed by the appellants seeking compensation.

6. Aggrieved with the said order, the appellants were before the High Court.

7. The High Court, having considered the matter, had awarded Rs. 15,84,656/- (Rupees Fifteen Lakhs Eighty Four Thousand Six Hundred and Fifty Six Only) as compensation to the appellants.

8. Considering the fact that the issue relating to the accident, the age of the deceased and also the salary which was taken at Rs. 16,212/- (Rupees Sixteen Thousand Two Hundred and Twelve Only) per month for determining loss of dependency, are not in dispute, the said aspects need not be adverted to herein.

9. The only aspect which requires consideration is, as to whether the High Court was justified in not taking into consideration the future prospects of the deceased to award the amount towards loss of the dependency.

10. In that regard, the claim, as put forth before the High Court was that the deceased was working as a driver in the Municipal Corporation. In that circumstance, considering that the employment of the deceased would have secured a steady income to his family with future progression, the future prospects are required to be granted at 30% of the salary which was reckoned by the High Court. If the same is done, it would amount to a sum of Rs. 21,076/- (Rupees Twenty One Thousand and Seventy Six Only) per month. One-third of the same is deducted towards personal expenses of the deceased and if the multiplier of 13' is applied to the remainder, the loss of dependency would work out to a sum of Rs. 21,91,956/-(Rupees Twenty One Lakhs Ninety One Thousand Nine Hundred and Fifty Six Only). The amount of Rs. 1,55,000/- (Rupees One Lakh Fifty Five Thousand Only) awarded under the conventional heads by the High Court is maintained.

11. In that view, the claimants are entitled to the total compensation of Rs. 23,46,956/- (Rupees Twenty Three Lakhs Forty Six Thousand Nine Hundred and Fifty Six Only) with interest at 9% per annum as against the sum of Rs. 15,84,656/-(Rupees Fifteen Lakhs Eighty Four Thousand Six Hundred and Fifty Six Only) awarded by the High Court.

12. The difference of the amount, after deducting the amount already paid, shall be deposited by the Insurance Company before the MACT within a period of six weeks from the date of the receipt of a copy of this order.

13. On deposit, the said amount shall be disbursed to the appellants by apportioning it at 50% to the first appellant and 25% each to the second and the third appellants.

14. The appeal is allowed in the aforestated terms.

15. Pending application(s), if any, shall stand disposed of.