Case: Munna Lal Jain  Vs. Vipin Kumar Sharma

4. In the case before us, the appellants are the claimants before the Motor Accidents Claims Tribunal, Karkardooma, Delhi in M.A.C.T. No. 736/2008. They are the parents of late Satendra Kumar Jain, aged 30 years, who died in a motor accident on 12.07.2008. He was self-employed as Pandit. He was a bachelor. Hence, the claim by the parents.5. The appellants claimed an amount of Rs.95,50,000.00. The Claims Tribunal awarded a total compensation of Rs.6,59,000.00 including loss of dependency to the tune of Rs.6,24,000.00 with interest @ 7.5 per cent from the date of institution of the petition. Dissatisfied, appellants approached the High Court of Delhi in MAC APP. 687/2011 leading to the impugned judgment. The High Court enhanced the compensation and fixed it at Rs.12,61,800.00 with interest as ordered by the Claims Tribunal.6. The High Court fixed the monthly income to Rs.12,000.00 and added 30% towards future prospects relying on Santosh Devi v. National Insurance Company Limited (2012) 6 SCC 421 ). 50 per cent was deducted towards personal expenditure and a multiplier of 13 was applied. Still not satisfied, the claimants are before this Court.

Reasoning: 10. In the case before us, there are no such exceptional circumstances or compelling reasons for deviation on the basis of evidence and therefore deduction of 50% towards the personal and living expenses is not to bereason appears to be that there is certainty with regard to the age of the deceased but as far as that of dependants is concerned, there will always be room for dispute as to whether the age of the eldest or youngest or even the average, etc., is to beThe multiplier, in the case of the age of the deceased between 26 to 30 years is 17. There is no dispute or grievance on fixation of monthly income as Rs.12,000.00 by the High Court.15. Thus, the appellants are entitled to compensation of Rs.18,36,000.00 towards loss of dependency, which is calculated as follows –CALCULATIONTOTAL (IN RS.)Rs.12,000/(Monthly Income) add [50% ofProspects)] =18,000.0050% of [Rs.18,000/] multiply by [12(Annual Income)]multiply by [17(Multiplier)] =18,36,000.00There shall be no change on the amounts awarded by the High Court on other heads or on rate of interest.