The main legal point established in the judgment is that the reduction of compensation by the High Court was not justified, and the future prospects percentage for loss of dependency was modified to 40% of income.

ORDER

Leave granted.

1. The appellants are before this Court seeking enhancement of compensation as against the sum awarded by the High Court. The High Court had reduced the compensation granted by the Motor Accident Claims Tribunal (For short'MACT') and ultimately awarded a sum of Rs. 19,88,476/-.

2. Heard learned counsel for the parties and perused the appeal papers. The husband of the appellant No.1 died in the accident which occurred on 31.07.2006. The deceased was aged about 32 years and was undertaking the work as a contractor though he was an architect. The MACT having taken into consideration the evidence available on record had reckoned the income based on the income-tax return for the years 20062007 wherein it was indicated that the income was s.1,67,582/-. Having taken into consideration the other parameters the MACT awarded a sum of Rs.31,15,335/-.

3. The High Court while reducing the compensation has arrived at the conclusion that the income as indicated in the last returns would not be justified and the average of three years is taken and therefore has reduced the compensation. Though learned counsel for the respondent Insurance Company seeks to contend that the High Court having taken note of the decisions rendered by this Court has arrived at such conclusion, we are of the opinion that in the present facts of the case, in any event such conclusion by the High Court was not justified. This is for the reason that as noted the deceased was an architect and he was doing contract work, the income-tax returns which he had filed from the period 20042005 onwards indicated that there was a steep increase in his income as compared to a sum of Rs.89,964/- declared in the year 2004-2005 and that benefit cannot be denied. If this aspect of the matter is kept in perspective, the income was bound to increase many folds if he had survived and such income which is denied to the family is the loss of dependency which was required to be determined.

4. If above stated aspect of the matter is kept in view, we need not advert to any other aspect of the matter inasmuch as the MACT has rightly assessed the compensation that had been reduced by the High Court without justification.

5. However at this point one aspect of the matter which requires to be corrected in the award is that the MACT on reckoning the income based on the income-tax returns for the year 2006-2007 had added the future prospects at 50%. In fact, it should have been at 40%. Therefore, we set aside the judgment dated 14.01.2019 passed by the High Court and restore the award dated 12.10.2009 passed by the MACT with modification relating to future prospects at 40% of income. On that basis the loss of dependency works out to Rs.28,15,376/-. The amount towards conventional heads shall be Rs.70,000/- and also the medical charges incurred before death. The total compensation shall be Rs.29,63,931/- with interest @ 6% from the date of claim petition. The difference amount shall be deposited in six weeks and on deposit the same be disbursed to the appellants.

6. The appeal is, accordingly, disposed of.