Heard the learned counsel on either side.
2.The claimant has filed this appeal seeking enhancement of the compensation awarded to him.
3.The principal contention raised by the learned counsel appearing for the appellant is that the monthly income was fixed at Rs.4,000/-. The accident taken place in the year 2012. Therefore, the monthly income shall be taken as Rs.6,500/-. The deceased was working as a carpenter. He was a self employed person. Even for self employed person, as per the recent decision rendered in the Hon'ble Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and Ors. dated 31.10.2017, 40% future prospects will have to be added. Since in view of the large number of dependants, only 1/5th deduction can be made. Therefore, the pecuniary loss is quantified at Rs.13,10,400/-. As per National Insurance Company Limited Vs. Pranay Sethi and Ors, there can be a award of a sum of Rs.70,000/- towards compensation under conventional heads. For transportation a sum of Rs.5,000/- can be awarded. Therefore, the compensation payable to the claimants will have to be reworked as under:-
Sl.No Heads Amounts in Rupees
1. For pecuniary loss Rs.13,10,400/-
2.
4.The compensation awarded by the Tribunal is enhanced from Rs.12,85,000/- to Rs.13,75,400/-. The award dated 18.12.2014, made in M.C.O.P.No.2040 of 2012, on the file of the Motor Accident Claims Tribunal/IV Additional District Judge, Madurai, is modified accordingly.
5.The second respondent is directed to deposit the entire compensation amount of Rs.13,75,400/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimants are entitled to withdraw the same, as apportioned by the Tribunal, less the amount already withdrawn by them, if any, by filing proper application before the Tribunal.
5.This Civil Miscellaneous Appeal is partly allowed. No costs.
To
1.The Motor Accident Claims Tribunal/ IV Additional District Judge, Madurai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
.