JUDGMENT Amitav K Gupta, J. – I.A. No.3091 of 2010 1. This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 10 days in preferring the present appeal. 2. Learned counsel appearing for respondent no.3 has not raised any serious objection. 3. It transpires that notice has been served on respondent no.1. 4. Being satisfied with the reasons assigned in para nos.4, 5 and 6 of the supporting affidavit, the delay is condoned and accordingly, I.A. no.3091 of 2010 is disposed off. I.A. No.129 of 2018 5. This interlocutory application has been filed with a prayer to delete the name of respondent no.2 namely Ganesh Sharma i.e. driver of the vehicle. 6. Learned counsel submits that as per service report of the notice respondent no.2 has died and despite his best efforts he could not trace the legal representatives, hence prays for deleting the name of respondent no.2 from the cause title. 7. Heard. The prayer for deleting the name of respondent no.2 is allowed. Learned counsel shall carry out necessary correction in the cause title of the memo of appeal in course of the day in red ink. 8. I.A. no.129 of 2018 stands disposed off. Misc. Appeal No.190 of 2010 9. Heard the learned counsels for the appellant and learned counsel for respondent no.3 i.e. Oriental Insurance Company Ltd. Admittedly the deceased was a tailor. He was aged 28 years. The court below has assessed the annual income at Rs.30,000/- but has not added any amount towards future prospect. The deceased was a bachelor but the court below has erred in deducting only 1/3rd of the income towards personal expenses instead of 50% of the income. It is evident that no amount has been awarded towards the funeral expenses and loss of estate. In view of the materials on record and decision rendered in the case of National Insurance Company Ltd. Vrs. Pranay Sethi and Ors , (2017) 4 JLJR 275 (SC) , it will be just, fair and reasonable to enhance the awarded compensation from Rs.1,60,000/- to Rs.4,00,000/- (rupees four lakhs). In view of the materials on record and decision rendered in the case of National Insurance Company Ltd. Vrs. Pranay Sethi and Ors , (2017) 4 JLJR 275 (SC) , it will be just, fair and reasonable to enhance the awarded compensation from Rs.1,60,000/- to Rs.4,00,000/- (rupees four lakhs). Therefore, respondent no.3, the Oriental Insurance Company Ltd. is directed to pay a lump sum amount of Rs.4 lakhs, less the amount already paid, by 27th April, 2018, failing which they shall be liable to pay interest @ 9% on the enhanced amount from the date of this order. The impugned judgment and order stands modified to that extent and the appeal is allowed. Let a copy of this order be served upon learned counsels for needful.