Motor Accident
Compensation—Award of compensation by the Tribunal at Rs. 6,60,000 (with 6% interest) enhanced to Rs. 17,66,000 (with 7.5% interest) by the High Court—Appeal—Deceased, who was primarily a farmer/agriculturist), was 35 years old at the time of incident and was survived by his wife, two minor children and his mother (four claimants)—Total extent of land the deceased cultivated was 66 acres and he owned 12 acres—Even while the High Court increased the level of income, it did not address the issue in the correct perspective—Documentary evidence on record showed that the deceased was cultivating 66 acres, and was entitled to a third of the value of produce—In addition, he owned and was getting over 12 acres cultivated—Documentary evidence supported the appellant’s case in regard to cultivation of extensive land—Assessment of income @ Rs. 95,000 appears to be on the lower end and insufficient—Actual income should be computed @ Rs. 1,50,000 p.a.—Applying 40% towards future prospects, the total annual income (Rs. 1,50,000 + Rs. 60,000) amounts to Rs. 2,10,000—With a 1/4th deduction (4 dependents), the annual loss of dependency (Rs. 2,10,000 – Rs. 52,000) would be Rs. 1,57,500—Applying a multiplier of 16, total loss of dependency (i.e. 1,57,500 x 16) is Rs. 25,20,000—Each of children, the mother of deceased, is entitled to Rs. 40,000 each towards filial and parental consortium—Appeal allowed.
[Paras 9, 13 & 14]