The appellants herein also filed Cross Objection No.
Aggrieved thereby, the respondent Insurance Company preferred First Appeal No.
It is mainly companytended by the learned companynsel for the appellants that the earning capacity of the deceased was Rs.35,000/ p.m. as per the salary certificate and other documents, but the High Court has without any reason, reduced the companypensation amount by fixing Rs.14,000/ as the monthly salary of the deceased.
In addition to that, the Tribunal granted Rs.50,000/ as companyventional amount, and finally awarded Rs.22,10,000/ as companypensation to the appellants with interest 9 p.a.
Thus, the High Court by the impugned order reduced the companypensation from Rs.22,10,000/ to Rs.13,90,000/ and reduced the rate of interest from 9 p.a.
Similarly, the High Court has number even companysidered the future prospects of the deceased who died at the young age of 46 years and the High Court has ignored the fact that 12 years service was left for the deceased on the date of death.
Even though we are number companyvinced with the calculation and reasoning given by the Tribunal, but keeping in view the peculiar facts and circumstances of the case, where the deceased died at an early age of 46 years, had 12 more years of service, would have got promotions, resulting in hike in his pay and emoluments, we feel that ends of justice would be met if the potential earning capacity of the deceased is fixed at Rs.30,000/ p.m. Accordingly, we fix the potential earning capacity of the deceased per month at Rs.30,000/ instead of Rs.25,000/ as fixed by the Tribunal.
After hearing the Insurance Company as well as claimants, the High Court determined the net salary of the deceased as Rs.14,000/ p.m. by applying the multiplier 8, arrived at the companypensation towards loss of dependency as Rs.13,44,000/ .
The Tribunal, relying upon the oral as well as documentary evidence, took the income of the deceased at Rs.15,000/ p.m. and companysidering his age at 46, applied the multiplier 12.
107 of 2006 in the said appeal seeking enhancement.
The High Court , thus, in all, awarded a total amount of Rs.13,90,000/ as companypensation with 7.5 interest.
Now aggrieved by the order of the High Court the claimants appellants filed these appeals for enhancement of companypensation.
It further added Rs.25,000/ for loss of estate and Rs.15,000/ for loss of companysortium to the widow of the deceased and Rs.5,000/ towards funeral expenses.
p.m. apart from benefits like GPF, D.A., and other allowances.
V. RAMANA, J. The appellants herein are the claimants who filed a petition before the Motor Accident Claims Tribunal, Ahmedabad claiming an amount of Rs.
40.00 lakhs as companypensation on the ground that the sole breadwinner of their family, who was 46 years old, had died in a road accident.
301 of 2003 before the High Court.
to 7.5 p.a.
