JUDGMENT Mr. Jitendra Chauhan, J.: - The present appeal is preferred by the appellants for the enhancement of the compensation awarded vide Award dated 31.8.2002, by the Motor Accident Claims Tribunal, Panipat (for short the Tribunal) for the death of their son in a motor vehicle accident on 8.4.1994. 2. Learned counsel for the appellants submits that the Ld. Tribunal has wrongly assessed the income of the deceased, Bhupinder Singh, 26 years old bachelor. He further contends that the deceased was highly qualified i.e. B.Com with M.B.A and was working as a Senior Marketing Officer with M/s Jolly Rishi and Associates, Ludhiana. He used to earn Rs. 8000/- per month. The multiplier applied is also on the lower side. The Ld. Tribunal has awarded inadequate compensation under various heads. 3. On the other hand, the learned counsel for the respondents submits that the compensation awarded by the Ld. Tribunal is just and adequate. 4. I have heard the learned counsel for the parties. 5. As per Ex. P1, qualification certificates, the deceased was B.Com with M.B.A. PW2, Satinder Singh, Director of M/s Jolly Rishi and Associates, Ludhiana appeared in the witness box and stated that the deceased was working as Senior Marketing Executive in the said company and was getting salary of Rs. 8000/- per month. The Ld. Tribunal observed that the deceased must be spending Rs. 3000/- on himself and calculated the income at Rs. 5000/- per month. The deceased was young boy of 26 years at the time of accident. Had he been alive, he would have earned much more and would have made life of his parents comfortable. The multiplier of 10 applied by the Ld. Tribunal is also on the lower side. 6. Accordingly, this Court feels that the compensation awarded by the Ld. Tribunal is inadequate. The deceased was highly qualified young boy of 26 years of age, working as a Senior Marketing Executive. The chances for hike in his income were very bright and he would have earned much more than what he was earning, had he been alive. Further, in the case of self-employed or persons with fixed wages, if the deceased victim is below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. This proposition has been set at rest in Rajesh and Ors.
Further, in the case of self-employed or persons with fixed wages, if the deceased victim is below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. This proposition has been set at rest in Rajesh and Ors. v. Rajbir Singh and Ors., [2013(4) Law Herald (SC) 3006 : 2013(3) Law Herald (P&H) 2274 (SC)] : 2013(9) SCC 54 . Accordingly, this Court awards 50% addition to the actual income of the deceased. He was 26 years old at the time of accident, the multiplier of 10 applied is enhanced to 17. So the claimants are entitled to the compensation as per calculations :- 50% increase in actual income = Rs. 5000+ Rs. 2500 Rs. 7500 X 12 X 17 = Rs. 15,30,000 Rs. 1,00,000/- for the loss of love and affection payable to the mother Rs. 10,000/- as funeral expenses. 7. With the above modification in the Award, the appeal is partly allowed. 8. The enhanced amount shall be paid within three weeks from the date of receipt of certified copy of this judgment. In case, the amount is not paid within the stipulated period, the appellant shall be entitled to interest @ 7.5% p.a from the date of filing the petition till the date of its realization. The appeal is modified to the extent indicated above. ---------0.B.S.0------------