Compensation for motor vehicle accident should consider actual income, future prospects, and conventional heads, leading to a total of Rs.14,95,000/- awarded.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Rajiv Kumar Karan, learned counsel for the appellants and Mr. Bibhash Sinha, learned counsel for respondent no.2-ICICI Lombard General Insurance Company Limited.

2. The present appeal has been preferred against the award dated 16.09.2016 passed by the learned District Judge-IV cum M.A.C.T., at Dhanbad in Title (M.V.) Suit No.153/2015.

3. Mr. Karan, learned counsel for the appellants submits that the appellants are claimants and the appeal has been filed for enhancement of the award, He submits that meager amount of Rs.3,69,500/- with interest @ 9% per annum has been awarded in the case of death. He further submits that the said compensation case was instituted on the ground that on 21.12.2010 at about 11:30 a.m., the informant Manoj Kumar gave a fardbeyan before the police that the deceased Prashant Kumar Goswami along with Birendra Kumar was travelling by Bajaj Motor Cycle bearing no. JH-01S-9006 and when they reached near Sidraul More, P.S. Namkum, District- Ranchi, all of a sudden one Indica car bearing No. JH-05AC-0816 dashed the said motorcycle as a result of which the deceased received grievous injury and died on the spot. He then submits that on the basis of bardbeyan of Manoj Kumar of Namkum P.S., FIR was registered being Namkum P.S. Case No.184/2010 dated 21.12.2010 under Section 279 , 338 and 304A of the Indian Penal Code against the driver of the said Indica car. He submits that the investigation was conducted and the Investigation Officer found the case true under Section 279 , 338 and 304A of the Indian Penal Code against the driver of the said Indica car and charge-sheet was submitted.

4. Mr. Karan, learned counsel for the appellants further submits that the learned Tribunal has wrongly assessed the income of the deceased as Rs.3,000/- per month only, whereas, his monthly income was Rs.15,000/- per month. He submits that Ext.-2 is the certificate issued by the employer, which clearly suggests that the income of the deceased was Rs.15,000/- per month. He also submits that P.W.2-Nikhil Ritesh Sanga has also stated that the employer of the deceased was Udogini, which is an NGO and appointment letter was given after completion of six months. He further submits that the learned Tribunal only on the ground of non-producing of the salary slip, has assessed the income of deceased as Rs.3,000/- per month. On these grounds, he submits that the income is required to be modified as per the minimum wages of skilled labour. He also submits that nothing has been provided under the head of future prospect and in view of the judgments passed in the case of Sarla Verma and others v. Delhi Transport Corporation and another , reported in (2009) 6 SCC 121 as well as in the case of National Insurance Company Limited v. Pranay Sethi and others , reported in (2017) 16 SCC 680 , that is required to be added in the award. On these grounds, he submits that the award may kindly be modified.

5. Mr. Bibhash Sinha, learned counsel appearing for respondent no.2- Insurance Company opposed the prayer and submits that the learned Tribunal has rightly assessed the salary of the deceased to the tune of Rs.3,000/- per month. He further submits that the bank statement produced before the learned Tribunal, marked as Ext-X, is not related with any bank and it does not bear the name of the bank and signature of the concerned person. He also submits that the appellants are also not entitled for future prospect. On these grounds, he submits that this appeal is fit to be dismissed.

6. The Court has looked into the trial court records. The appointment letter is on the record, wherein, it has been stated that the deceased was appointed w.e.f. 01.10.2010 on the monthly gross salary of Rs.15,000/- and certificate to that effect has also been issued on 02.08.2016, however, the bank statement of the deceased is disputed. In view of that, the Court finds that the as per the skilled labour under the minimum wages, the income