BAJARANGI MEENA Vs. NADEEM ALAM

JUDGEMENT

(1.) The claimants appellants have filed the instant appeal against the impugned award dtd. 28/5/2011 passed by the Motor Accident Claims Tribunal, Sawaimadhopur (Raj.) by which they have sought relief for enhancement of the amount of compensation as claimed by them in their claim case.

(2.) The grounds taken by the claimants appellants in this appeal for enhancement of award of compensation are that the learned claims Tribunal while passing the impugned judgment and award has erred in not considering future prospects of the deceased, the amount of compensation awarded to the claimants appellants under different heads is very meagre as the total amount of compensation awarded by the learned tribunal is Rs.3,33,367.00 with interest @ 6% per annum from the date of presentation of claim case i.e. 4/11/2009, whereas the claimants appellants had claimed total compensation to the tune of Rs.19,77,000.00. In support of his submissions, the learned counsel for the appellants claimants have placed reliance on the Judgment delivered by the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi reported in AIR 2017 Supreme Court 5157 : 2017 (4) RLW 3248 (SC).

(3.) In the claim petition it is admitted that deceased was engaged in agriculture work and doing labour work. He was 45 years of age. In the case of National Insurance Company Limited vs. Pranay Sethi (supra), Hon'ble Apex Court has held that determination of income while computing compensation as to include future prospects so that the method will come within the ambit and sweep of just compensation as postulated under Sec. 168 of the Act. The Apex Court has further held that taking into consideration cumulative factors, namely, passage of time, changing society, escalation of price, change in price index, human attitude to follow particular pattern of life etc., addition of 40% of established income of deceased towards future prospects where deceased was below 40 years addition of 25% where deceased was between age of 40 to 50 years would be reasonable. While determining income, an addition of 50% of actual salary to income of the deceased towards future prospects, where deceased had a permanent job and was below the age of 40 years, should be made. Addition should be 30%, if age of deceased was between 40 to 50 years. In case deceased was between age of 50 to 60 years, addition should be 15%. Actual salary should be read as actual salary less tax.