Smt. Chandrawati Gupta And 4 Ors vs Md Latif Ahmed And Ors

Heard Mr. A. K. Gupta, learned counsel for the appellant and learned counsel for the respondent.

This appeal is by the claimant against the judgment and award dated 31.03.2015 passed byMACT, Tinsukia in MAC Case No. 94/2012.

Sanjay Kumar Gupta, husband of the claimant No. 1, died in a motor vehicle accident on01/01/2012 involving the vehicle bearing registra(cid:50)on

No. AS-23-E/9912, owned by respondent No. 1 and insured with the respondent No. 3, New India Assurance Co. Ltd.

Wife and other legal representa(cid:50)ves of the deceased filed an applica(cid:50)on before the MACT,Tinsukia, praying for compensa(cid:50)on and the

learned tribunal by the impugned judgment, awarded a compensation of Rs. 6,47,000/- as under :-

                    Loss of Dependency                  = Rs. 6,40,000/-

                    Funeral Expenses                      = Rs. 2,000/-

                    Loss of Consortium                   = Rs. 5,000/-

Learned counsel, Mr. A.K. Gupta for the appellant submits, that while determining the loss ofincome and dependency, learned tribunal did

not take into account the future prospect, inasmuch as, in view of the age of the deceased, being 35 years, an amount equal to 40% of the

income ought to have been added to the income of the deceased as future prospect. Further conten(cid:50)on of the learned counsel is that the

quantum of award on account of funeral expenses and loss of consor(cid:50)um were extremely meagre. It is also submi(cid:65)ed by the learned counsel,

that the deceased left five dependents and as such, deduction of income towards personal expenses of the deceased ought to have been

1/4th. However, the learned tribunal deducted 1/3rd. Learned counsel further contended that the learned tribunal did not award any amount

towards loss of estate and urged before this Court for enhancement of the compensa(cid:50)on by adding future prospect and the quantum of

compensa(cid:50)on on the conven(cid:50)onal heads as per the guidelines laid down by the Apex Court in Na(cid:50)onal Insurance Co. Ltd. â€"VS- Pronoy Sethi

and Ors. reported in (2017) 14 SCC 663. There is no dispute as regards to the age of the deceased being 35 years and as such, the claimant is

certainly entitled to addition of 40% of the income as future prospect to the actual earning.

Admi(cid:65)edly the deceased le(cid:74) five dependents. Following the decision of the Apex Court in Sarla Verma & Ors. â€"VS- Delhi Transport

Corpora(cid:50)on and Ors. reported in AIR 2000 9 SC 3104, deduc(cid:50)on towards personal expenses in the instant case should be 1/4th. The claimant is

also en(cid:50)tled to loss of consor(cid:50)um and some amount on account of loss of estate as per the guidelines laid down by the Apex Court in Na(cid:50)onal

Insurance Co. Ltd. â€"VS- Pronoy Sethi and Ors. (Supra). Accordingly, adding future prospect as indicated above to the income of the deceased

and deduc(cid:50)ng 1/4th towards personal expenses and awarding compensa(cid:50)on on account of funeral expenses, loss of estate and loss of

consor(cid:50)um as per the guidelines of the Apex Court, the enhanced compensa(cid:50)on, to which the claimants will be en(cid:50)tled in the instant case is

re-assessed as under :-

Income                                          =  Rs. 5,000/-

per month Future Prospect       = (40% of Rs. 5,000/-) =          Rs. 2,000/-

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= Rs. 7,000/-

Expenses for personal & living expenses 1/4th deduction(4 dependants)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â = Rs. 1,750/-

-----------------Rs. 5,250/- x 12 = Rs. 63,000/

Multiplier (age 35 years ) Â Â Â =16Â Â Â Â Â Â Â Â Â Â Â Â Â x 16

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                                                                 Rs. 10,08,000/-

Loss of consortium                                = Rs.40,000/-

Funeral Expense                                    =  Rs. 15,000/-

Loss of Estate                                         =  Rs. 15,000/-

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                                                              Rs. 10,78,000/-

The respondent No. 3 shall sa(cid:50)sfy the above award by deposi(cid:50)ng the same with the tribunalwithin six weeks with interest as fixed by the

tribunal. It is made clear that the quantum of future prospects shall not carry any interest. Tribunal shall ensure that 15% of the awarded

amount including interest be fixed deposited in a na(cid:50)onalized bank in the name of the minor (cid:50)ll he a(cid:65)ains majority. 45% of the amount shall

be fixed deposited in a na(cid:50)onalized bank in the name of the other claimants for a period of one year. Rest of the amount be released in favour

of the claimants by account payee cheque.

With the above modification and enhancement, the appeal stands allowed.

Send back the LCR.