NATIONAL INSURANCE COMPANY LTD. Vs. MADINA AND ORS.

JUDGEMENT

(1.) Mohd. Bashir, aged 20 years, died in a motor vehicular accident that occurred on 30.08.2012 on account of negligent driving of truck bearing registration no.HR-38J-5216, which was admittedly insured against third party risk with the appellant insurance company. On the claim petition of his mother, wife and brother (first to third respondents), the Motor Accident Claims Tribunal (the tribunal), by judgment dated 02.02.2016, awarded compensation in the total sum of Rs. 18,41,320/- with interest @ 9% per annum. The appellant (insurance company) questions the said computation by the appeal at hand.

(2.) Admittedly, no proof of income of the deceased was adduced. He was earning his livelihood as a rickshaw-puller. The tribunal computed loss of dependency on the basis of minimum wages of an unskilled worker at Rs. 7020/-. It, however, added 50% towards future prospects and applied the multiplier of 18 after deduction of one-third towards personal and living expenses to calculate the loss of dependency.

(3.) In the case reported as Sarla Verma and Ors. v. Delhi Transport Corporation and Anr., (2009) 6 SCC 121 , Supreme Court, inter-alia, ruled that the element of future prospects of increase in income will not be granted in cases where the deceased was "self employed" or was working on a "fixed salary". Though this view was affirmed by a bench of three Hon'ble Judges in Reshma Kumari and Ors. v. Madan Mohan and Anr., (2013) 9 SCC 65 , on account of divergence of views, as arising from the ruling in Rajesh and Ors. v. Rajbir and Ors., (2013) 9 SCC 54 , the issue was later referred to a larger bench, inter-alia, by order dated 02.07.2014 in National Insurance Company Ltd. v. Pushpa and Ors., (2015) 9 SCC 166 .