M GUNASUNDARI Vs. K T SIVAKUMAR (EXPARTE)

JUDGEMENT

(1.) The appeal has been preferred by the claimants aggrieved with the quantum of compensation of Rs.31,17,800/- awarded for the death of one T.Muruganandham, aged about 38 years, Sub-Inspector of Police, earning a sum of Rs.23,889/- per month, in the accident occurred on 30.03.2011, when he was riding his motorcycle and hit behind by a Lorry, belonging to the first respondent, insured with the second respondent, which was driven by its driver rashly and negligently.

(2.) Heard Mr.T.G.Ravichandran, learned counsel for the appellants and Mr.D.Bhaskaran, learned counsel for the second respondent.

(3.) The only question to be decided is with regard to the quantum of compensation. It was proved before the Tribunal through Ex.P.16-Salary Certificate and Ex.P.17-Copy of Service Register that the deceased was a Sub-Inspector of Police. As per Ex.P16-Salary Certificate, the monthly income of the deceased was Rs.23,889/-. Therefore, the Tribunal rightly took a sum of Rs.23,889/- as monthly income. However, the Tribunal did not add any amount towards future prospectus. Since the deceased was a Sub-Inspector of Police and aged about 38 years, as per the Constitution Bench's judgment of the Honourable Apex Court in National Insurance Company Limited V. Pranay Sethi and others, 2017 2 TNMAC 609 (SC), 50% has to be added towards future prospectus. If 50% is added towards future prospectus, the monthly income would be at Rs.35,833/- [Rs.23,889 + 50% of Rs.23,889/-]. Therefore, the annual income would be at Rs.4,29,996/- [Rs.35,833/- X 12]. A sum of Rs.24,996/- has to be deducted towards Income Tax. After deduction of Rs.24,996/- towards Income Tax, the annual income would be at Rs.4,05,000/-.