Case: Munusamy &amp; Others Vs. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd

1. This appeal emanates from the judgment and order passed by the High Court of Judicature at Madras dated 16.04.2013 in C.M.A. No.2819 of 2012. The High Court allowed the prayer for grant of enhanced compensation amount in favour of the appellants. The appellants seek further enhancement of compensation amount on the ground that the High Court has not provided for future prospects, while computing the compensation amount. The appellants rely upon the recent decision of the Constitution Bench of this Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. (AIR 2017 SC 5157  ), to buttress their submission.On 03.03.2007, the deceased (Palani), who was only around 21 years of age at the time, was riding a motorcycle bearing Registration No. TN22 AP 5092 along with his friend, one Haridass as a pillion rider, from Tambaram to Chengalpattu on GST Road, Maraimalai Nagar, opposite Vikram Hotel, when they collided with a bus bearing Registration No. TN21 N 0943 belonging to the respondent Transport Corporation, which was driven in a rash and negligent manner. The deceased was unmarried and working as a contract worker in Hyundai Car Company, Sriperumbudur.

Reasoning: 3. On perusal of the judgment under appeal, it is evident that the High Court has not provided for future prospects while computing the compensation amount under the head ‘loss ofThe necessity to provide future prospects has been expounded by the Constitution Bench of this Court in National Insurance Company Ltd.the dictum of the Constitution Bench referred to above, the appellants are justified in insisting for grant of future prospects at the rate of 40% of the established income. The High Court has held that the earning of the deceased at the relevant time can be taken as Rs.4,000/per month. The High Court did not provide 40% towards future prospects on the established income of the deceased. Thus, the monthly loss of dependency, in the facts of the present case would be Rs.4,000 + 1,600 = Rs.5,600/.