ASHA & ORS Vs. KAPOOR SINGH & ORS

JUDGEMENT

(1.) On accident claim case (MACT case no.317/2011) of the appellants registered on 20.08.2011, the Motor Accident Claims Tribunal (Tribunal), by judgment dated 02.05.2012, awarded total compensation in the sum of Rs.9,26,096/-, it inclusive of Rs.8,76,096/- for loss of dependency, Rs.25,000/- for loss of love and affection, Rs.10,000/- each for loss of consortium and loss to estate and Rs.5,000/- as funeral expenses on account of death of Yogender Saini in a motor vehicular accident that occurred on 06.07.2011 due to negligent driving of a motor vehicle bearing registration no.DL-1GB- 6923 admittedly insured against third party risk with the third respondent for the period in question.

(2.) The appeal seeks enhanced award.

(3.) It is noted that the tribunal found the income of the deceased to be Rs.6,084/- but did not factor in the future prospects of increase. Following the ruling of a Constitution Bench of the Supreme Court rendered on 31.10.2017 in SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and Ors., this factor will have to be added to the extent of 40%. The loss of dependency is thus recalculated as [Rs.6,084/- x 140/100 x 3 / 4 x 12 x 16] Rs.12,26,534.4, rounded off to Rs.12,27,000/-.