JUDGMENT : Chander Bhusan Barowalia, J. 1. The present appeal under Section 173 of the Motor Vehicles Act, 1988, is maintained by the appellant/respondent No. 3 (hereinafter referred to as respondent No. 3) for quashing and setting aside the impugned award, dated 27.4.2015, passed by the learned Motor Accident Claims Tribunal-II, Shimla, District Shimla, H.P. in Claim Petition No. 10-S/2 of 2011. 2. Brief facts giving rise to present appeal are that on 12.6.2011, respondents nos. 1 and 2 (hereinafter referred to as petitioners) son Geeta Nand alias Vijay Thakur, was travelling in a vehicle (Honda City) bearing registration No. DL-3CAK-8823 from Hotel Holiday Village Katrain to Manali, which was being driven by respondent No. 2, when the said vehicle reached near Rishi Guest House, Tehsil Manali, the said vehicle went out of the road and fell into the river and Geeta Nand alias Vijay Thakur drown in the river. The said accident has occurred due to rash and negligent driving of respondent No. 2. Geeta Nand alias Vijay Thakur, was hale and hearty person and was employed in Hotel Holiday Village Katrain in Tehsil and District Kullu and was an agriculturist and horticulturist. Deceased Geeta Nand was earning Rs. 12,000/- per month from selling of apple plants and doing cutting, pruning, packaging of apple boxes. The deceased also used to grow apple nursery and used to sell apple plants and was earning rupees 70 to 80 thousand per annum. The deceased was the only earning member in the family and petitioners were totally dependent on the income of the deceased. The car in question was owned by respondent No. 1, which was duly insured with respondent No. 3. 3. In joint reply filed by respondents No. 1 and 2 submitted that the vehicle in question was duly insured with respondent No. 3. There was no rash and negligent driving of the vehicle in question on the part of respondent No. 2 and they are not liable to pay compensation. In reply filed by respondent No. 3 submitted that the deceased was travelling, as gratuitous passenger/unauthorized passenger in the vehicle in question at the time of accident, which was violation of terms and conditions of the policy. The vehicle in question was a private car, which was not meant to carry passengers. The vehicle in question was being driven in violation of the terms and conditions of the policy. The vehicle in question was a private car, which was not meant to carry passengers. The vehicle in question was being driven in violation of the terms and conditions of the policy. There was no valid and effective driving licence with driver of the vehicle in question. 4. From the pleadings of parties, the learned Tribunal below framed following issues: “1. Whether on 12.6.2011 about 12 PM near Rishi Guest House on Kullu Manali Road in Jagat Sukh deceased Geeta Nand alias Vijay Thakur died as a result of motor vehicle accident involving vehicle bearing No. DL-3CAK-8823 Honda CRVMT being driven by respondent No. 2 in rash and negligent manner? OPP. 2. If issue No. 1 is proved in affirmative, to what amount of compensation the petitioners are entitled and from whom? OPP. 3. Whether the petition is not maintainable against respondents No. 1 and 2, as alleged? OPR-1 & 2. 4. Whether the deceased was travelling in the illfated vehicle as gratuitous passenger, as alleged? OPR-3. 5. Whether the respondent No. 2 was not holding valid and effective driving licence at the time of alleged accident? OPR-3. 6. Whether the vehicle in question was being driven in breach of terms and conditions of Insurance Policy, as alleged? OPR-3. 7. Relief.” 5. The learned trial Court after deciding Issues No. 1, 2 in affirmative, Issues No. 3, 4, 5, 6 in negative, allowed the petition, as per the impugned award. 6. Mr. Jagdish Thakur, learned counsel appearing on behalf of the appellant-Insurance Company has argued that the learned Tribunal below has committed illegality while taking income of the deceased of Rs. 4,000/- per month. He has argued that at the relevant time, as per the notification of the Government, the minimum wages at Rs. 3,000/- per month and there was no evidence on record to prove the income of the deceased, as his income should be taken at Rs. 3,000/- per month. He has further argued that the learned Tribunal below has given the increase of 50%, which is also against the latest judgment of Hon’ble Apex Court, as the increase was required to be at 40%. 7. On the other hand, Mr. K.R. Thakur, learned counsel appearing on behalf of respondents No. 1 and 2 has strenuously argued that in the cross-examination of PW-3, there was specific suggestion put to him that the income of the deceased at Rs. 7. On the other hand, Mr. K.R. Thakur, learned counsel appearing on behalf of respondents No. 1 and 2 has strenuously argued that in the cross-examination of PW-3, there was specific suggestion put to him that the income of the deceased at Rs. 150/- per day, meaning thereby the Insurance Company admits the income of the deceased at Rs. 150/- per day. He has argued that there was sufficient evidence to prove the income of the deceased and the learned Tribunal has committed no illegality in taking the income of the deceased at Rs. 4,000/- per month. 8. In rebuttal, learned counsel appearing on behalf of the appellant-Insurance Company has argued that the impugned award is required to be reduced, in view of the latest judgment of Hon’ble Supreme Court. 9. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the record of the case carefully. 10. In order to prove its case, PW-2, Dr. Shashi Wapa, has deposed that she has conducted postmortem upon the dead body of Vijay Thakur and issued postmortem report, Ex.PW2/A. PW- 3, Gian Chand, has stated that at the time of accident, his son Geeta Nand alias Vijay Thakur was inside the vehicle in question, which was being driven by respondent No. 2 in a rash and negligent manner, which fell into the river and as such, his son died. RW-1, Rama Kant Yadav, has deposed that at the time of accident, he was driving the vehicle in question which skid on the road and fell down and he was not at any fault. 11. Hon’ble Apex Court in National Insurance Company Limited vs. Pranay Sethi and Others, AIR 2017 SC 5157 , has held as under: “47. In our considered opinion, if the same is followed, it shall sub-serve the cause of justice and the unnecessary contest before the tribunals and the courts would be avoided. 48. Another aspect which has created confusion pertains to grant of loss of estate, loss of consortium and funeral expenses. In Santosh Devi, AIR 2012 SC 2185 (supra), the two-Judge Bench followed the traditional method and granted Rs. 5,000/- for transportation of the body, Rs. 10,000/- as funeral expenses and Rs. 10,000/- as regards the loss of consortium. In Sarla Verma, AIR 2009 SC 3104 , the Court granted Rs. 5,000/- under the head of loss of estate, Rs. In Santosh Devi, AIR 2012 SC 2185 (supra), the two-Judge Bench followed the traditional method and granted Rs. 5,000/- for transportation of the body, Rs. 10,000/- as funeral expenses and Rs. 10,000/- as regards the loss of consortium. In Sarla Verma, AIR 2009 SC 3104 , the Court granted Rs. 5,000/- under the head of loss of estate, Rs. 5,000/- towards funeral expenses and Rs. 10,000/- towards loss of Consortium. In Rajesh, the Court granted Rs. 1,00,000/- towards loss of consortium and Rs. 25,000/- towards funeral expenses. It also granted Rs. 1,00,000/- towards loss of care and guidance for minor children. The Court enhanced the same on the principle that a formula framed to achieve uniformity and consistency on a socio-economic issue has to be contrasted from a legal principle and ought to be periodically revisited as has been held in Santosh Devi (supra). On the principle of revisit, it fixed different amount on conventional heads. What weighed with the Court is factum of inflation and the price index. It has also been moved by the concept of loss of consortium. We are inclined to think so, for what it states in that regard. We quote:- "17. In legal parlance "consortium" is the right of the spouse to the company, care, help, comfort, guidance, society, solace, affection and sexual relations with his or her mate. That non-pecuniary head of damages has not been properly understood by our courts. The loss of companionship, love, care and protection, etc. the spouse is entitled to get, has to be compensated appropriately. The concept of non-pecuniary damage for loss of consortium is one of the major heads of award of compensation in other parts of the world more particularly in the United States of America, Australia, etc. English courts have also recognised the right of a spouse to get compensation even during the period of temporary disablement. By loss of consortium, the courts have made an attempt to compensate the loss of spouse's affection, comfort, solace, companionship, society, assistance, protection, care and sexual relations during the future years. Unlike the compensation awarded in other countries and other jurisdictions, since the legal heirs are otherwise adequately compensated for the pecuniary loss, it would not be proper to award a major amount under this head. Unlike the compensation awarded in other countries and other jurisdictions, since the legal heirs are otherwise adequately compensated for the pecuniary loss, it would not be proper to award a major amount under this head. Hence, we are of the view that it would only be just and reasonable that the courts award at least rupees one lakh for loss of consortium." 49. Be it noted, Munna Lal Jain, 2015 AIR SCW 3105 (supra) did not deal with the same as the notice was confined to the issue of application of correct multiplier and deduction of the amount. 50. This aspect needs to be clarified and appositely stated. The conventional sum has been provided in the Second Schedule of the Act. The said Schedule has been found to be defective as stated by the Court in Trilok Chandra (supra). Recently in Puttamma and Others vs. K.L. Narayana Reddy and Another, it has been reiterated by stating:- "We hold that the Second Schedule as was enacted in 1994 has now become redundant, irrational and unworkable due to changed scenario including the present cost of living and current rate of inflation and increased life expectancy." 51. As far as multiplier or multiplicand is concerned, the same has been put to rest by the judgments of this Court. Para 3 of the Second Schedule also provides for General Damages in case of death. It is as follows:- "3. General Damages (in case of death) - The following General Damages shall be payable in addition to compensation outlined above:- (i) Funeral expenses Rs. 2,000/- (ii) Loss of Consortium, if beneficiary is the spouse Rs. 5,000/- (iii) Loss of Estate Rs. 2,500/- (iv) Medical Expenses actual expenses incurred before death supported by bills/vouchers but not exceeding Rs. 15,000/- 52. On a perusal of various decisions of this Court, it is manifest that the Second Schedule has not been followed starting from the decision in Trilok Chandra (supra) and there has been no amendment to the same. The conventional damage amount needs to be appositely determined. As we notice, in different cases different amounts have been granted. A sum of Rs. 1,00,000/- was granted towards consortium in Rajesh. The justification for grant of consortium, as we find from Rajesh, is founded on the observation as we have reproduced hereinbefore. 53. On the aforesaid basis, the Court has revisited the practice of awarding compensation under conventional heads. As we notice, in different cases different amounts have been granted. A sum of Rs. 1,00,000/- was granted towards consortium in Rajesh. The justification for grant of consortium, as we find from Rajesh, is founded on the observation as we have reproduced hereinbefore. 53. On the aforesaid basis, the Court has revisited the practice of awarding compensation under conventional heads. 54. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh. It has granted Rs. 25,000/- towards funeral expenses, Rs. 1,00,000/- loss of consortium and Rs. 1,00,000/- towards loss of care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers to Santosh Devi, AIR 2012 SC 2185 , it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/- and Rs. 40,000/- and Rs. 15,000/- respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be fact-centric or quantum-centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads. 55. Presently, we come to the issue of addition of future prospects to determine the multiplicand. We are disposed to hold so because that will bring in consistency in respect of those heads. 55. Presently, we come to the issue of addition of future prospects to determine the multiplicand. 56. In Santosh Devi, AIR 2012 SC 2185 the Court has not accepted as a principle that a self-employed person remains on a fixed salary throughout his life. It has taken note of the rise in the cost of living which affects everyone without making any distinction between the rich and the poor. Emphasis has been laid on the extra efforts made by this category of persons to generate additional income. That apart, judicial notice has been taken of the fact that the salaries of those who are employed in private sectors also with the passage of time increase manifold. In Rajesh's case, the Court had added 15% in the case where the victim is between the age group of 15 to 60 years so as to make the compensation just, equitable, fair and reasonable. This addition has been made in respect of self-employed or engaged on fixed wages. 57. Section 168 of the Act deals with the concept of "just compensation" and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptable legal standard because such determination can never be in arithmetical exactitude. It can never be perfect. The aim is to achieve an acceptable degree of proximity to arithmetical precision on the basis of materials brought on record in an individual case. The conception of "just compensation" has to be viewed through the prism of fairness, reasonableness and non-violation of the principle of equitability. In a case of death, the legal heirs of the claimants cannot expect a windfall. Simultaneously, the compensation granted cannot be an apology for compensation. It cannot be a pittance. Though the discretion vested in the tribunal is quite wide, yet it is obligatory on the part of the tribunal to be guided by the expression, that is, "just compensation." The determination has to be on the foundation of evidence brought on record as regards the age and income of the deceased and thereafter the apposite multiplier to be applied. The formula relating to multiplier has been clearly stated in Sarla Verma, AIR 2009 SC 3104 (supra) and it has been approved in Reshma Kumari, AIR 2013 SC (Supp.) 474 (supra). The formula relating to multiplier has been clearly stated in Sarla Verma, AIR 2009 SC 3104 (supra) and it has been approved in Reshma Kumari, AIR 2013 SC (Supp.) 474 (supra). The age and income, as stated earlier, have to be established by adducing evidence. The tribunal and the Courts have to bear in mind that the basic principle lies in pragmatic computation which is in proximity to reality. It is a well accepted norm that money cannot substitute a life lost but an effort has to be made for grant of just compensation having uniformity of approach. There has to be a balance between the two extremes, that is, a windfall and the pittance, a bonanza and the modicum. In such an adjudication, the duty of the tribunal and the Courts is difficult and hence, an endeavour has been made by this Court for standardization which in its ambit includes addition of future prospects on the proven income at present. As far as future prospects are concerned, there has been standardization keeping in view the principle of certainty, stability and consistency. We approve principle of "standardization" so that a specific and certain multiplicand is determined for applying the multiplier on the basis of age. 58. The seminal issue is the fixation of future prospects in cases of deceased who is self-employed or on a fixed salary. Sarla Verma, AIR 2009 SC 3104 (supra) has carved out an exception permitting the claimants to bring materials on record to get the benefit of addition of future prospects. It has not, per se, allowed any future prospects in respect of the said category. 59. Having bestowed our anxious consideration, we are disposed to think when we accept the principle of standardization, there is really no rationale not to apply the said principle to the self-employed or a person who is on a fixed salary. To follow the doctrine of actual income at the time of death and not to add any amount with regard to future prospects to the income for purpose of determination of multiplicand would be unjust. The determination of income while computing compensation has to include future prospects so that the method will come within the ambit and sweep of just compensation as postulated under Section 168 of the Act. The determination of income while computing compensation has to include future prospects so that the method will come within the ambit and sweep of just compensation as postulated under Section 168 of the Act. In case of a deceased who had held a permanent job with inbuilt grant of annual increment, there is an acceptable certainty. But to state that the legal representatives of a deceased who was on a fixed salary would not be entitled to the benefit of future prospects for the purpose of computation of compensation would be inapposite. It is because the criterion of distinction between the two in that event would be certainty on the one hand and staticness on the other. One may perceive that the comparative measure is certainty on the one hand and uncertainty on the other but such a perception is fallacious. It is because the price rise does affect a self-employed person; and that apart there is always an incessant effort to enhance one's income for sustenance. The purchasing capacity of a salaried person on permanent job when increases because of grant of increments and pay revision or for some other change in service conditions, there is always a competing attitude in the private sector to enhance the salary to get better efficiency from the employees. Similarly, a person who is self-employed is bound to garner his resources and raise his charges/fees so that he can live with same facilities. To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time. Though it may seem appropriate that there cannot be certainty in addition of future prospects to the existing income unlike in the case of a person having a permanent job, yet the said perception does not really deserve acceptance. We are inclined to think that there can be some degree of difference as regards the percentage that is meant for or applied to in respect of the legal representatives who claim on behalf of the deceased who had a permanent job than a person who is self-employed or on a fixed salary. But not to apply the principle of standardization on the foundation of perceived lack of certainty would tantamount to remaining oblivious to the marrows of ground reality. But not to apply the principle of standardization on the foundation of perceived lack of certainty would tantamount to remaining oblivious to the marrows of ground reality. And, therefore, degree-test is imperative. Unless the degree-test is applied and left to the parties to adduce evidence to establish, it would be unfair and inequitable. The degree-test has to have the inbuilt concept of percentage. Taking into consideration the cumulative factors, namely, passage of time, the changing society, escalation of price, the change in price index, the human attitude to follow a particular pattern of life, etc., an addition of 40% of the established income of the deceased towards future prospects and where the deceased was below 40 years an addition of 25% where the deceased was between the age of 40 to 50 years would be reasonable. 60. The controversy does not end here. The question still remains whether there should be no addition where the age of the deceased is more than 50 years. Sarla Verma, AIR 2009 SC 3104 thinks it appropriate not to add any amount and the same has been approved in Reshma Kumari, AIR 2013 SC (Supp.) 474. Judicial notice can be taken of the fact that salary does not remain the same. When a person is in a permanent job, there is always an enhancement due to one reason or the other. To lay down as a thumb rule that there will be no addition after 50 years will be an unacceptable concept. We are disposed to think, there should be an addition of 15% if the deceased is between the age of 50 to 60 years and there should be no addition thereafter. Similarly, in case of self employed or person on fixed salary, the addition should be 10% between the age of 50 to 60 years. The aforesaid yardstick has been fixed so that there can be consistency in the approach by the tribunals and the courts. 61. In view of the aforesaid analysis, we proceed to record our conclusions:- (i) The two-Judge Bench in Santosh Devi, AIR 2012 SC 2185 should have been well advised to refer the matter to a larger Bench as it was taking a different view than what has been stated in Sarla Verma, AIR 2009 SC 3104 , a judgment by a coordinate Bench. It is because a coordinate Bench of the same strength cannot take a contrary view than what has been held by another coordinate Bench. (ii) As Rajesh has not taken note of the decision in Reshma Kumari, AIR 2013 SC (Supp.) 474, which was delivered at earlier point of time, the decision in Rajesh is not a binding precedent. (iii) While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax. (iv) In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component. (v) For determination of the multiplicand, the deduction for personal and living expenses, the tribunals and the courts shall be guided by paragraphs 30 to 32 of Sarla Verma which we have reproduced hereinbefore. (vi) The selection of multiplier shall be as indicated in the Table in Sarla Verma read with paragraph 42 of that judgment. (vii) The age of the deceased should be the basis for applying the multiplier. (viii) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/- and Rs. 40,000/- and Rs. 15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years.” 12. It has come on record that the deceased was agriculturist and he also worked in a hotel. (viii) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/- and Rs. 40,000/- and Rs. 15,000/- respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years.” 12. It has come on record that the deceased was agriculturist and he also worked in a hotel. This Court has fully agreed with the submissions of the learned counsel appearing on behalf of the appellant-Insurance Company that the income of the deceased was to be proved by the claimants and simply because in the cross-examination of PW-3 that there was specific suggestion of Rs. 150/- per day, as daily wage from hotel that cannot be form basis of income. It has also come on record that the deceased was working in a hotel and was also an agriculturist. The minimum wages at the relevant time even if is taken at Rs. 3000/- per month, there is specific evidence with regard to the fact that he was agriculturist and horticulturist and may be doing some other job, cannot be ignored viz-a-viz, the specific cross-examination of the father of the deceased on this aspect. So, this court finds that the learned Tribunal below has committed no illegality in taking the income of the deceased was Rs. 4,000/- per month and coming to the conclusion that the loss of dependency was Rs. 2,000/- per month, but had given increase @ 50% which is required to be given at 40%. So, the loss of dependency comes out to Rs. 2000 x 40% i.e. Rs. 800/- meaning thereby Rs. 2800/- the multiplier of 17, if applied, it comes to Rs. 2800 x 12 x 17 = Rs. 5,71,200/-. As far as the loss of love and affection is concerned, the learned Tribunal below has granted Rs. 50,000/- which are not required to be granted, as per the latest law of Hon’ble Apex Court and so, this amount is required to be reduced. The funeral charges of Rs. 25,000/- is required to be reduced as Rs. 15,000/- as per the latest law of Hon’ble Apex Court. At the same point of time, after exercising the powers of this Court, under Order 41 Rule 33 CPC, the loss of estate, which is Rs. 15,000/- is required to be granted to the petitioner. The funeral charges of Rs. 25,000/- is required to be reduced as Rs. 15,000/- as per the latest law of Hon’ble Apex Court. At the same point of time, after exercising the powers of this Court, under Order 41 Rule 33 CPC, the loss of estate, which is Rs. 15,000/- is required to be granted to the petitioner. No other arguments is being raised by the learned counsel appearing on behalf of the parties and not required to be dealt with. 13. As a result of the above discussion, the impugned award, passed by the learned Motor Accident Claims Tribunal-II, Shimla, District Shimla, dated 27.4.2015, is modified and compensation is reduced by Rs. 85,800/-. No order as to costs. The appeal stands disposed of accordingly, so also miscellaneous applications, if any.