The age of the deceased was 35 years and he left behind five dependents, the deduction towards his personal expenditure would be 1/4th as per judgment of this Court in Sarla Verma v. DTC (2009) 6 SCC 12 and the Multiplier adopted by the MACT and High Court at 16 is appropriate. Held that the Courts below have not awarded any amount towards future prospects, as mandated by the judgment of the Constitution Bench in National Insurance Co. Ltd. V. Pranay Sethi (2017) 16 SCC 680. Also making conventional heads in consonance with Pranay Sethi (supra), The compensation recalculated as
- Income of approx. Rs 100000 p.a considering documentary evidence
- Adding Future prospects at 40% and deduction of personal expenses at 1/4th
- Total income Rs 105000
- Loss of dependency @ multiplier 16- Rs 16,80,000
- Loss of estate- Rs 15000
- Funeral Expenses- Rs 15000
- Loss of Consortium Rs 40000
- Total Compensation Rs 17,50,000
To be paid within 12 weeks with interest at 7.5% p.a. from the date of claim petition till realization.
(2020) 5 SCC 327- Sangita Arya and Others v. Oriental Insurance Company Limited and Others