JUDGMENT Mr. K. Kannan, J. (Oral):- Both these appeals are connected. FAO No. 2626 of 2010 is for enhancement of compensation for the death of female aged 27 years. She was said to be a post-graduate in science and employed in Canada drawing income of 1600 Candian dollar per month. The Tribunal took the contribution to the family at 50%, adopted a multiplier of 18 and provided compensation of Rs. 64,72,800/-. There are no definite details of the taxability of the income and, I therefore, apply the scales of tax as applied under the Income Tax Act and re-work the compensation to make a provision for a prospects increase by 50% and substitute 1/3rd as the amount deductible instead of ½ taken by the Tribunal. In case of engagement with the foreign country with higher income, it has been held in United India Insurance Co. Ltd. Vs. Patricia Jean Mahajan 2002 (6) SCC 281 that the court would be justified even providing for a lower value of multiplier than what is taken in other normal cases. For age of 27 years, as per the decision in Sarla Verma Versus Delhi Transport Corporation, [2009(3) Law Herald (SC) 2107] : 2009 (6) SCC 121 , multiplier would be 17. However, I take the lower multiplier, in view of the higher value of income in a foreign country. Applying the multiplier of 15 and making as deduction of 30% towards income tax being in a higher bracket and converting the same in Indian rupees for the foreign exchange at the time applicable on the date of filing of the petition, namely of 40 rupees, the loss of dependence would be Rs.80,64,000/-. I will provide for higher scale of loss of consortium and loss to estate and funeral expenses in light of the recent judgment of the Supreme Court in Reshma Kumari Vs. Madan Mohan, [2013(2) Law Herald (SC) 1583] : 2013 (9) SCC 65 and Rajesh and others Versus Rajbir and others, [2013(4) Law Herald (SC) 3006 : 2013(3) Law Herald (P&H) 2274 (SC)] : 2013 (9) SCC 54 . The total compensation payable will be Rs.82,14,000/-. 2. The additional compensation will also attract interest @ 7.5% per annum from the date of the petition till the date of payment.
The total compensation payable will be Rs.82,14,000/-. 2. The additional compensation will also attract interest @ 7.5% per annum from the date of the petition till the date of payment. The insurance company will be liable for the same and it is represented by the counsel appearing on behalf of the respondents that in the writ petition filed by the State claiming full indemnity, it has been held that the insurance company shall undertake the liability on the ground that it had undertaken a policy of insurance for the vehicle though the vehicle being actually plied by the State after taking it on hire from the owner. Consequently the award is modified and the appeal is allowed on the above terms. 3. In FAO No.3903 of 2010, the claimant was said to be a shop owner and he was said to have received several injuries on his person. The evidence brought on record was that he was in the hospital from 7.1.2005 to 10.1.2005. The evidence was that he used to earn Rs.15,000/- per month from his grocery shop. With no details of the actual nature of the injuries suffered by the claimant, and with no details of further evidence of any disability of loss of earning capacity, the Tribunal assessed Rs.5,000/- as loss of future income, Rs.,2000/- as medical expenses and Rs.10,000/- for pain and suffering. I find no reason to modify the award with no arguments placed before me to make justification for enhancement. The appeal is dismissed. ---------0.B.S.0------------