- (1.) The prayer in this appeal is made for enhancement of the amount of compensation awarded by the Tribunal on 02.12.1999. The Tribunal awarded the compensation to the tune of Rs. 1,68,000/-. The accident took place on 24.05.1998. The Tribunal assessed the income of the deceased @ Rs. 3000/- per month. The deceased was about 23 years old and unmarried son of the appellant-claimants.
(2.) After hearing learned counsel for the appellants and counsel for the respondents, I am of the view that the reduction of the income by 2/3rd was not proper, rather the dependency should have been assessed at 50% so far as parents are concerned as per principle held by Hon'ble Supreme Court in Sarla Verma and others v. Delhi Transport Corp. and another, 2009 6 SCC 121.
(3.) There was even no addition made with regard to future prospects. It was submitted that the matter regarding award of compensation for future prospects in respect of the deceased who was not in the regular Government job has been referred to a larger Bench of Hon'ble Supreme Court in SLP (Civil) No. 8058 of 2014 (National Insurance Co. Ltd. v. Pushpa and others,). But some via media has to be adopted till the matter is finally decided. So looking into the year of accident, age of the deceased, who was likely to get married in near future and ages of the parents, 30% is added towards loss of future prospects. The multiplication applied by the Tribunal was 14 for making the assessment by taking into account the ages of the appellant-claimants but the age of the deceased was not taken into account.;