JUDGEMENT
K.KANNAN J. -
(1.) BOTH the appeals are connected. The accident took place on 1.11.1996. One person died and one person was seriously injured.
(2.) THE appeal in FAO No.2416 of 1998 is the case of death of a male aged 46 years. The claimants were widow and daughters. The
widow is the claimant in FAO No.2417 of 1998 for the injury suffered by
her in the very same accident.
The deceased was said to be a Colonel in the Army drawing a salary of Rs. 14,680/ -. He had a sure prospect of promotion and I will
therefore, rework the compensation providing for prospect of increase
and also provide for conventional heads of claim in the manner awarded
in some recent decisions of the Supreme Court. The various heads of
1 Income 14,680 14,680
,
2 Add, % of increase 30% 19084
3 Less, Deduction 1/3 + less 10% tax 11,450.40
4 Multiplicand (annualized by 1,37,404.80 multiplying 12)
5 Multiplier 13 13
6 Loss of dependence 11,70,000 17,86,262.40
7 Medical Expenses and Transportation
8 Loss of Consortium 1,00,000
9 Loss of love and affection 1,00,000
10 Loss to estate 7500 7500
11 Funeral expenses 5000 5000
Total 11,80,000 19,98,762.40
,
(3.) THE total compensation payable shall be Rs. 19,98,762.40, which I will round off to Rs. 20 lacs. The additional compensation payable
shall also attract interest @7.5% from the date of petition till the date
of payment. The liability shall be on the insurer. The liability shall be
distributed equally amongst the claimants.;
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