MC 331/2008 BEFORE THE HON’BLE MR. JUSTICE K. SREEDHAR RAO One Madhab Rajkhowa sustained fracture of right humorous and fracture of right f emur. The accident occurred at Guwahati. He had been operated and taken treatmen t at Patna. The medical certificate discloses that the injured has sustained 40% disability. The injured has filed claim petition and the Tribunal awarded Rs.4, 76,164/- with interest @6% per annum. The injured died on account of cancer befo re filing of this appeal by the insurer. In this appeal, it is stated that the compensation awarded is excessive. The app eal is filed by the insurer against the legal representatives of the deceased-in jured. The Tribunal has granted compensation under the following heads: For loss of income = 3,07,200/- For medical expenses = 88,964/- For pain and sufferings = 50,000/- For transportation charges = 5,000/- For loss of amenities of life = 25,000/- TOTAL = 4,76,164/- It is the contention that the injured lived for only 3 ‰ years after the acciden t, i.e., 42 months. The compensation has been awarded on multiplier system taki ng the entire life span and 16 multiplier is applied. In view of the death of the injured for a different reason, the compensation for loss of future income at Rs.3,07,200/- is bad in law and untenable. Keeping in view the subsequent developments, the amount on loss of future income awarded by the Tribunal does not appear to be proper. The notional income of th e deceased is assessed at Rs.3,000/- per month and the disability is assessed at 40%. The income loss proportionate to disability is Rs.1200/- per month. For ab out 42 months, the deceased had to have reduced income. Therefore, loss of inco me during his lifetime would be Rs.1200 x 42 = 50,400/-. For pain and agony, the legal representatives are awarded Rs.75,000/- and for medical and incidental ex penses, legal representatives are is awarded Rs.1,00,000/-. For loss of amenitie s and future discomfort during his lifetime, legal representatives are awarded R s.25,000/-. Therefore, the legal representatives would be entitled to a just com pensation of Rs. 2,50,400/- with interest @6% from the date of the petition till payment as against Rs.4,76,164/- awarded by the Tribunal. The appeal is partly allowed. The connected Misc. Cases shall also stand disposed of.