SUNITA GUPTA Vs. BHAIRU LAL

JUDGEMENT

(1.) THIS is a claimants' appeal for the enhancement of the amount of compensation, awarded by the learned Motor Accident Claims Tribunal, Jaipur, by its award dated 26.4.1994.

(2.) THE learned Tribunal has held the age of the deceased at the time of the accident, to be 28 years. According to the Second Schedule of the Motor Vehicles Act, 1988, the multiplier at this age, should be 18. In the year immediately preceding the date of the accident, the total income of the deceased, as per the Income -Tax Return for the year 1988 -89, was Rs. 34,140/ -.

(3.) WHILE estimating the value of loss of dependency, future advancement in career and increase in earning, cannot be lost sight of. It would be unreasonable to estimate the loss of dependency on the present income of the deceased. Having regard to the future prospect and increase in the earning, a higher estimate of income should be made. In the case of G.M., K.S.R.T.C. v. S. Susamma Thomas : AIR1994SC1631 , Hon'ble the Supreme Court has estimated a higher sum as the gross income of the deceased, after taking into account the future advancement in career.