Deepanshu & ORS v. Pardeep Kumar & ORS
.
, an addition of 50% on the count of 'future prospects' has to be made and total amount of earnings comes to be Rs.8,432/- + Rs.4,216/- (50% of Rs.8,432/-)=Rs.12,648/- per month. Out of the same, keeping in view the number of dependents, 1/3rd is to be deducted on account of 'personal expenses', which is to the extent of Rs.4,216/- and the residue amount works out to be Rs.8,432/- per month and annual comes to be Rs.1,01,184 /-.
Considering the age of the deceased (31 years) as per Smt. Sarla Verma & Ors. Vs Delhi Transport Corporation & Anr., (2009) 6 SCC 121, the appropriate multiplier of '16' is required to be applied, instead of '12' and after, so applying this multiplier, the loss of dependency comes to be Rs.1,01,184/- x 16 = Rs.16,18,944/-. 10.
Rest of the parameters are assessed and calculated in accordance with the judgment of this Court titled as Sangtari Muleem v. Karnail Singh, 2024(4) RCR(Civil) 5, Law Finder Doc Id # 2270482, which is in consonance with the settled proposition of law laid down by the Apex Court in Pranay Sethi's case (supra), and Smt. Sarla Verma's case (supra) and Smt. Anjali and others v. Lokendra Rathod and others, 2023 (1) R.C.R. (Civil) 229 : Law Finder Doc Id #2081014. Claimants are entitled for Rs. 25,000/- as compensation under the head of funeral expenses and Rs.20,000/- towards loss of estate. Loss of consortium is to be awarded to the tune of Rs.48,400/- on account of parental consortium.
11.
For the sake of convenience, amount of compensation assessed and calculated by this Court is reproduced here below in a tabular form:
Sr.
No.
HEADS Compensation awarded by the High Court 1.
Income Rs.8,432 /-per month 2.
Future Prospects 50% 3.
Deduction towards personal 1/3rd expenses 4.
Total Annual Income Rs.1,01,184/- 5.
Multiplier 6.
Loss of Dependency Rs.16,18,944/-.
7.
Funeral Expenses Rs.25,000/- 8.
Loss of Estate Rs.20,000/- 9.
Loss of Spousal Consortium 'nil'
10.
Loss of Parental Consortium Rs.48,400/- 11.
Loss of filial Consortium 'nil'
12.
Total Compensation to be Rs.17,12,344/- Paid 12.
Thus, keeping in view the aims and object of the beneficial legislation of providing relief to the victims or their families, the total compensation payable to the appellant(s)/claimant(s) is enhanced to Rs.17,12,344/- (Rupees Seventeen Lacs Twelve Thousand and Three Hundred Forty Four only).
13.
bove.