RAGHUNATH SAO Vs. BALBIR KUER

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) In this appeal, the appellants have prayed for enhancement of quantum of compensation, awarded in M.V. Claim Case No. 10/2011 by the District Judge-II-cum-MACT (Tribunal), Latehar vide order dtd. 24/1/2018, whereby, an amount of Rs.3,04,000.00 has been awarded as compensation.

(3.) Counsel for the appellant submits that while assessing the compensation, the income of the deceased was considered to be Rs.3,000.00 per month, which is notional income, though the claimants have led their evidences that the deceased was a motorcycle mechanic and was earning Rs.4,000.00 per month. He submits that the respondent have not disputed the fact that the deceased was a motor mechanic and income of the deceased have not been controverted. He further submits that in terms of the judgment delivered by the Hon'ble Supreme Court of India in the case of National Insurance Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, the claimants are entitled for enhancement of compensation on account of future prospect. He submits that the deceased, aged about 22 years at the time of death, was self employed person and in that view 40% enhancement should have been awarded on account of future prospect. He also submits that Rs.30,000.00 has been granted in terms of loss of estate and funeral expenses. He further submits that compensation on account of loss of consortium was not granted, which the claimants are entitled to receive.