workers of the deceased as P.W.3 to P.W.5 and also by producing Exs.P1 to P6, P13, P15 & P17. P.W.3 to P.W.5 in their cross examination have admitted that they are having records to prove the payment of Rs.35,000/-, Rs.1,100/- and Rs.3,000/- to the deceased, but they have not produced the said records before the Tribunal to prove the income of the deceased. Had the deceased been earning a sum of Rs.40,000/- per month, he would have paid Income Tax. But, the appellants nowhere in the claim petition have claimed that the deceased was an Income Tax assessee. Therefore, the Tribunal considering the evidence of P.W.3 to P.W.5 and entire materials placed before it, fixed a sum of Rs.5,000/- per month as notional income of the deceased. The accident is of the year 1995. The monthly income fixed by the Tribunal at Rs.5,000/- is not meagre. The deceased was aged 45 years at the time of accident and multiplier '13' applied by the Tribunal is not correct. As per the judgment of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi Transport Corporation & another] the correct multiplier applicable is '14'. The Tribunal has not granted any enhancement towards future prospects. As per the judgment of the Hon'ble Apex Court reported in 2017 (2) TNMAC 609 (SC), [National Insurance Company Limited Vs. Pranay Sethi and others], the appellants are entitled to 25% enhancement towards future prospects. Thus, by granting 25% enhancement towards future prospects and applying multiplier '14', the compensation awarded by the Tribunal towards loss of dependency is modified to Rs.7,00,000/{Rs.6,250/- [Rs.5,000/- + Rs.1,250/- (25% of Rs.5,000/-)] X 12 X 14 X 2/3}. The amount awarded by the Tribunal towards loss of consortium to 1st appellant is meagre and hence, the same is enhanced to Rs.40,000/-. The Tribunal has not awarded any amounts towards funeral expenses and loss of estate. The appellants are entitled to a sum of Rs.15,000/- each towards funeral expenses and loss of estate respectively. The Tribunal has awarded a sum of Rs.10,000/- each to the appellants 2 & 3 towards loss of love and affection. The appellants 2 & 3, being the children of the deceased are entitled to a sum of Rs.40,000/- each towards loss of love and affection. The amount awarded by the Tribunal towards transportation is just and reasonable and hence, the same is hereby confirmed.
