Amitav Kumar Gupta, J. - (1.) This appeal has been preferred for enhancement of the compensation award of Rs. 3,03,000/- (three lakhs and three thousand) awarded vide judgment/award of Motor Vehicle Accident Claim Tribunal Giridih in Motor Vehicle Claims Case No. 5 of 2008. Mr. P.C. Sinha, learned counsel for the appellant has submitted that the Court below has assessed and accepted the income of the deceased at Rs. 4,500/- (four thousand five hundred) per month but has erred in not adding any amount towards future prospects of the income for assessing the actual income of the deceased. That the court below has not considered the ratio laid down in the case of Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another, 2009 6 SCC 121, the Apex Court has elaborately discussed the question regarding the multiplier to be applied by taking into account the age of the deceased. That the deceased was aged 21 years hence, the multiplier applicable is 18 accordingly, the Court below has erred in applying the multiplier of 13. The deceased was a tailor and the Court below should have added 50% of the income as monthly income of the deceased for computing the total loss of dependency.
(2.) Learned counsel appearing for the respondent-the New India Assurance Company Limited, has contended that this case is of the year 2008, therefore, the Tribunal has passed the order, in accordance with settled legal position as applicable at that point of time. It is contended that no error has been committed by the Tribunal and the impugned order does not suffer from any illegality or infirmity warranting any interference by this Court.
(3.) Heard. There is no dispute regarding the income of the deceased assessed at Rs. 4,500/- (four thousand five thousand) per month. The Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi & Ors., 2017 4 JLJR 275 (SC), has observed in para-61--"in case the deceased was self-employed or on a fixed salary an addition of 40% of the established income should be made where the deceased is aged about 40 years". It has been observed that the multiplier is to be applied on the basis of the age of the deceased in terms of the judgment rendered in the case of Sarla Verma .;