nature of the avocation as claimed by the claimant, which is not in dispute, the year of the accident, i.e. 2019, the age of the injured at the time of the accident, i.e. 35 years, the cost of living due to inflation rate at the relevant point of time, the notional monthly income arrived at by the Tribunal at Rs.8,500/- is not just and proper and hence, it would be just and appropriate to fix the monthly notional income of the deceased at Rs.14,000/-. Considering the nature of injuries suffered by the claimant, which is also not in dispute, the permanent disability could be assessed at 20% in respect of the whole body, instead of 15% as arrived at by the Tribunal. As also, the Tribunal did not add compensation towards future prospects and it is reasonable to fix the same at 40%. After adding 40% towards future prospects, the loss of future monthly income would come to Rs.19,600/-. Since the deceased was aged 35 years old at the time of the accident, the multiplier of 16 adopted by the Tribunal is proper. Thus, the total compensation under the head of loss of future earning capacity is redetermined at Rs.7,52,640/- (14000+((40/100)14000)) 20/1001612.
