JUDGMENT Mr. K. Kannan, J. (Oral):- Both the appeals are for enhancement of compensation for death of persons in motor accident. The point urged in appeals is only as regards the quantum. 2. FAO No.3123 of 2004 addresses a claim for compensation for death of a male, aged 26 years. The claimants were widow and two minor children. He was an income tax assessee, who had been assessed to annual income of Rs. 69,000/-. The Court had provided for a 1/3rd deduction and applied a multiplier of 10. The learned counsel argues that both as regards the choice of multiplier and multiplicand, the Tribunal has adopted modest figures which are out of sync with the decision of the Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another- [2009(3) Law Herald (SC) 2107 : 2010(1) Law Herald (Acc.) (SC) 65] : 2009 ACJ 1298 . The learned counsel also argues that there was a sure prospect of future increase as well and he had a steady climb in his income over a period of years and income tax returns had been filed also prior to his death. 3. The prospect of future increase will have to be invariably taken on the quality of evidence. It is not a rule of thumb that in every case where there is a proof regarding income, there shall also be approximation for a further future increase. The manner of arriving at compensation and providing for a lumpsum immediately without staggering the payment for the entire length of time itself must be taken to offset the disadvantage of taking the annual income that a deceased was shown to be earning at the time of death. I will, therefore, make no special provision for a prospect of further increase when there was no evidence therefor. 4. However, I find the Tribunal was in error in adopting a multiplier of only 10 for the death of a person, aged 26 years. I will take the income as found in the income tax returns and after providing for a 1/3rd deduction, I will take the annul contribution to the family at Rs. 46,000/-, apply a multiplier of 17. The loss of dependency will be Rs. 7,82,000/-. Considering the fact that the accident took place in 2001, I will allow for a compensation of Rs.
46,000/-, apply a multiplier of 17. The loss of dependency will be Rs. 7,82,000/-. Considering the fact that the accident took place in 2001, I will allow for a compensation of Rs. 5,000/- each towards the loss of consortium and loss of love and affection aggregating to Rs. 15,000/- for the wife and two minor children respectively. I will provide an additional amount of Rs. 5,000/- towards loss to estate and the amount of Rs. 2,500/- already provided for the funeral expenses, shall be retained. The total compensation which shall become payable would come to Rs. 8,04,500/-. The amount in excess over what has been awarded shall attract interest at 7.5% from the date of petition till date of payment. The liability shall be in the same manner as determined by the Tribunal. The amount of compensation shall be distributed equally amongst the wife and the children. 5. Since the accident had taken place in 2001 and I have adopted a multiplier of 17, I will direct retention of the amount due to the children for a further period of 7 years as regards their share in deposit that yields maximum interest. The mother shall be entitled to withdraw the interest during the period of minority or the completion of 7 years whichever is later and the principal shall be distributed to the children after the said period. The award stands modified and the appeal in FAO No.3123 of 2004 stands allowed. 6. As regards the claim for compensation in FAO No.3124 of 2004, the case related to death of a male aged 48 years and the claimants were widow and 3 minor children. He was assessed an income of Rs. 64,000/- per year. The Tribunal had made a deduction of 1/3rd and adopted a multiplier of 8. I will make a deduction of 1/4th and take the contribution to the family at Rs. 48,000/- per year; apply a multiplier of 13, the loss of dependency would come to Rs. 6,24,000/-. I will provide for an additional amount of Rs. 26,000/- towards loss of love and affection for the minor children and the loss of consortium and the other conventional heads of claim like funeral expenses and loss to estate and assess the total compensation payable at Rs. 6,50,000/-. The additional amount shall be distributed equally amongst all the claimants.
6,24,000/-. I will provide for an additional amount of Rs. 26,000/- towards loss of love and affection for the minor children and the loss of consortium and the other conventional heads of claim like funeral expenses and loss to estate and assess the total compensation payable at Rs. 6,50,000/-. The additional amount shall be distributed equally amongst all the claimants. In this case, since I have adopted relatively a lower multiplier and the accident had taken place about 11 years prior to the disposal of this appeal, the amounts that would require to be disbursed to the minor children, would be retained only during the minority and become payable on attaining majority. The liability shall be in the same manner as determined already by the Tribunal. 7. The award stands modified and the appeal in FAO No. 3124 of 2004 is allowed to the above extent. ---------0.B.S.0------------