The court emphasized the importance of considering the deceased's future prospects and other conventional heads in the calculation of compensation under the Motor Vehicles Act, 1988.

ORDER

1. Delay condoned.

2. Leave granted.

3. The appellants, are the claimants, who are seeking enhancement of compensation in respect of the motor vehicle accident which had occurred on 08th August, 1993. The husband of the appellant no.1/ claimant no. 1, who was an army personnel, had died in the said accident.

4. The Motor Accidents Claims Tribunal ('MACT' for short) through its award dated 31st January, 2012, had awarded the sum of Rs. 2,59,000/- (Rupees Two Lakhs Fifty Nine Thousand Only) with interest at 6% per annum. The appellants, claiming to be aggrieved by the said award, were before the High Court.

5. The High Court, through its judgment dated 01st September, 2014, without looking into other aspects of the matter, has awarded the global compensation of Rs. 50,000/-(Rupees Fifty Thousand Only) by way of enhancement. It is in that light, the appellants are before this Court, seeking further enhancement.

6. Having heard the learned counsel for the parties, a perusal of the appeal papers would indicate that though, the salary of the deceased was appropriately reckoned at Rs. 1,950/- (Rupees One Thousand Nine Hundred Fifty Only) per month, neither the MACT nor the High Court has granted any future prospects. If, that aspect of the matter is kept in view and also the fact that certain other amounts under the conventional head is to be granted, the compensation in any event will have to be enhanced at this stage.

7. On having worked out the said compensation in that manner, we note that the appellants would be entitled to the enhanced compensation of Rs. 1,12,000/- (Rupees One Lakh Twelve Thousand Only) towards loss of dependency.

8. However, keeping all aspects in view and the time gap for which the appellants have been putting forth their claim, seeking for enhancement of compensation, in the facts and circumstances by awarding certain amount under conventional heads, we deem it appropriate to award the total enhancement of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) with interest at 6% per annum from the date of the claim petition till the date of payment.

9. The enhanced portion of the amount shall be deposited by the Insurance Company before the MACT within a period of eight weeks from the date of the receipt of a copy of this order. On deposit, the said amount shall be disbursed to the first claimant.

10. The appeal is accordingly, allowed in the aforestated terms.

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