As rightly pointed out by the learned counsel appearing for
the insurance company, the gross salary of the deceased was
Rs.3,563/-. This fact is not disputed by the counsel for the
claimants also. Hence, this court fixed the monthly income of
the deceased at Rs.3,563/-. As per the decision of the
Constitution Bench of the Hon'ble Supreme Court of India in
National Insurance Company Limited Vs. Pranay Sethi and others
reported in 2017 (2) TN MAC 609 (SC), 15% should be added
towards “ Future prospects”. The deceased was aged 51 years on
the date of accident and therefore, proper multiplier to be
adopted in the instant case is ' 11 ', as per the decision
rendered inSarla Varma and others vs. Delhi Transport
Corporation and another reported in (2009) 6 SCC 121. There are
more than 4 dependants. Hence, it is appropriate to deduct ¼ of
the income of the deceased towards his “Personal
expenses”. Thus, loss of dependency is calculated as 3563+ 534
= 4094 – ¼ = 3073 x12x11=4,05,636/-. Accordingly a sum of
Rs.4,05,636/- is awarded towards " Loss of dependency " and a
sum of Rs.40,000/- is awarded towards “ Loss of consortium” to
the wife. Further, the compensation awarded under the heads “
Funeral Expenses” and “ Loss of estate” is enhanced to
Rs.15,000/- each. Accordingly, the revised compensation
awarded under the various heads is extracted hereunder.
