On 02.07.2014, a two Judge Bench of this Court in National Insurance Company Limited v. Pushpa and others4, taking numbere of the companyflicting positions as far as addition of future prospects after the age of 50 years, in Reshma Kumari supra and Rajesh supra , has made a Reference of this aspect to a larger Bench.
Close to Rajesh supra , there was another decision of this Court, again of the strength of three Judges, in Reshma Kumari and others v. Madan Mohan and another3, rendered on 02.04.2013.
The claimants petitioners, number satisfied with the companypensation, approached the High Court.
Taking numbere of the fact that the deceased was aged 52 years, the Tribunal in the award dated 22.10.2008, declined to grant any addition for future prospects in the salary and adopted the multiplier as 6.31.
While Rajesh supra went a step ahead of Sarla Verma supra in awarding 15 per cent enhancement towards loss of future prospects, the decision in Reshma Kumari supra reaffirmed the principles laid down in Sarla Verma supra which declined any addition towards future prospects after the 2013 9 SCC 65 age of 50 years.
The companypensation Signature Not Verified Digitally signed by amount was to carry interest at the rate of NARENDRA PRASAD Date 2017.12.07 173745 IST Reason 7.5 per cent per annum.
An amount of Rs.15,000/ was granted towards loss of companysortium to the wife and Rs.2,500/ towards funeral expenses.
It was also held in Rajesh supra that in case, the deceased is above the age of 50 years, the enhancement of 15 per cent was to be given towards loss of future prospects.
The learned Judge took numbere of the decision of this Court in Sarla Verma Smt.
and others Delhi Transport Corporation and another1 in adopting the multiplier and observed that going by the said decision, the multiplier to be applied is 11.
Towards loss of love, care and guidance for minor children, an amount of Rs.1,00,000/ was also awarded.
As per the impugned Judgment dated 24.03.2015, the appeal was disposed of.
In the matter of companysortium, it was observed that deceased died number in the prime of his youth but at his middle age, and hence the widow was granted companysortium of Rs.25,000/ .
KURIAN, J. Leave granted.
On 03.03.2017, this Court passed the following order Aggrieved by the inadequacy of companypensation awarded by the Motor Accident Claims Tribunal for short the Tribunal and the High Court, the petitioners have filed this Special Leave Petition.
It may be numbered that there was numberreference of Reshma Kumari supra in Rajesh supra , apparently, since the said judgment had number been reported by the time Rajesh supra was rendered.
However, taking numbere of the fact that the deceased would have retired at the age of 60 years, fixed the multiplier as 8.
