The court emphasized the need to consider the deceased's potential future earnings and career growth when calculating compensation for their dependents.

ORDER :

1. Leave granted.

2. The appellants are the widow and daughter of the deceased Nazarudeen, who died in a motor accident that occurred on 07.02.2005. Nazarudeen was driving a lorry bearing no. KL-01/E-1672 when his vehicle was hit by another lorry coming from the opposite side. He sustained grievous injuries and eventually died on the spot.

3. The appellants along with the mother of the deceased (Shereefa Beevi) filed a claim petition seeking compensation of Rs. 5,00,000/-. Their plea was that the deceased had a valid driving license to drive heavy goods vehicle and was earning a monthly income of Rs. 3,500/-.

4. The Motor Accidents Claims Tribunal assessed the income of the deceased to Rs. 3,000/- per month. He was 33 years old at the time of the accident. One-third of his income was deducted towards his personal expenses. The appellants were thus held entitled to a compensation of Rs. 4,29,000/-. The appellants thereafter approached the High Court for enhancement of compensation. Their appeal has been allowed in part, holding them entitled to an additional sum of Rs. 2,73,000/-. The High Court has enhanced the compensation after fixing the notional monthly income of the deceased to Rs. 4,000/- per month.

5. Still aggrieved, the appellants are before this Court.

6. We have heard learned counsel for the parties and perused the record.

7. It is true that in the claim petition the appellant stated that the monthly income of the deceased at the time when he met with an unfortunate accident was Rs. 3,500/- per month but having regard to the fact that he was a skilled workman and in due course of time his monthly income would have gradually increased, it appears to us that the ends of justice will be adequately met by granting additional lumpsum compensation of Rs. 4,00,000/- to the appellants over and above to what has been awarded to them by the High Court. Ordered accordingly. The right of the respondent-Insurance Company to recover the compensation amount from the owner of the vehicle is also kept intact.

8. The respondent-Insurance Company shall deposit the enhanced compensation amount with the Tribunal within eight weeks. It is clarified that if the amount is deposited within a stipulated period, no interest etc. shall be liable to be paid.

9. The appeal is allowed in the aforesaid terms.

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