Case: Chikkamma &amp; Another Vs. Parvathamma &amp; Another

1. Leave granted.2. We have heard the learned counsels for the parties.3. The only issue that would require the decision of this Court is on the quantum of compensation that should be awarded to the appellants, who were the claimants in a proceeding under the Motor Vehicles Act, 1988. Compensation was sought on account of the death of one Srikanth, who died a bachelor leaving behind the appellant No.1 (Chikkamma), his mother aged about 58 years and his sister, the appellant No.2 (H.S. Susheela), a physically handicapped girl.4. The learned Tribunal by taking into account the age of the mother of the deceased, adopted the multiplier of 9. Holding that the deceased was earning an income of Rs.7,000/- per month, the computation was worked out at Rs.4.08 lakhs. To this, interest was awarded at the rate of 6% per annum from the date of filing of the claim petition till the date of payment.5. In appeal, the High Court enhanced the income of the deceased to Rs.9,000/- per month and maintained the multiplier adopted by the learned Tribunal i.e. 9. On the said basis, an additional amount of Rs.1.53 lakhs was awarded along with interest on the said enhanced amount payable from the date of the claim petition till the date of payment.6. While the issue with regard to adoption of the age of the deceased or that of the dependent for picking up an approximate multiplier, in a case where the deceased was a bachelor is pending before a larger Bench of this Court, we are of the view that in the facts of the present case, as the deceased had left his aged mother and a younger sister (physically handicapped), it is the age of the deceased which should be taken into account for adoption of the multiplier. On the said basis the multiplier which would require to be adopted is 17.7. The income of the deceased calculated at Rs.9,000/- per month does not disclose any apparent error nor does loss of dependency which has been worked out by the forums below at 50%. Taking into account the income of the deceased; loss of dependency and the multiplier now adopted, the total compensation awardable works out to Rs.9.18 lakhs. Out of this amount the forums below has already found the claimants to be entitled to Rs.5.61 lakhs. The balance of Rs.3.57 lakhs (Rs.9.18 lakhs minus 5.61 lakhs) will now be paid forthwith to the appellants-claimants which amount will carry interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of payment.8. Learned counsel for the appellants has vehemently urged that some amount on account of future prospects should also be awarded while determining the entitlement of the appellants for the enhancement of compensation.9. Taking into account the fact that the deceased was a self employed person and also as the question with regard to award of future prospects of a self employed person is presently pending before a larger Bench of this Court and as some enhancement of compensation has already been made by us, we are of the view that in the facts of the present case, the claim for future prospects ought not to be gone into by us.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]6. While the issue with regard to adoption of the age of the deceased or that of the dependent for picking up an approximate multiplier, in a case where the deceased was a bachelor is pending before a larger Bench of this Court, we are of the view that in the facts of the present case, as the deceased had left his aged mother and a younger sister (physically handicapped), it is the age of the deceased which should be taken into account for adoption of the multiplier. On the said basis the multiplier which would require to be adopted is 17.7. The income of the deceased calculated at Rs.9,000/per month does not disclose any apparent error nor does loss of dependency which has been worked out by the forums below at 50%. Taking into account the income of the deceased; loss of dependency and the multiplier now adopted, the total compensation awardable works out to Rs.9.18 lakhs. Out of this amount the forums below has already found the claimants to be entitled to Rs.5.61 lakhs. The balance of Rs.3.57 lakhs (Rs.9.18 lakhs minus 5.61 lakhs) will now be paid forthwith to thewhich amount will carry interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of payment.Taking into account the fact that the deceased was a self employed person and also as the question with regard to award of future prospects of a self employed person is presently pending before a larger Bench of this Court and as some enhancement of compensation has already been made by us, we are of the view that in the facts of the present case, the claim for future prospects ought not to be gone into by us