Deceased aged 21 years – Income assessed at Rs.5,000/- -- Appellants are entitled to the benefit of 50% increase towards future prospects in view of the law laid down in Rajesh’s case (2013) 9 SCC 54 -- Amount of compensation under the head 'loss of dependency’, would come to Rs.5,000/- + 50% X 12 X ½ X 18 = Rs.8,10,000/- -- Furthermore, a sum of Rs.1,00,000/-, is awarded to the appellant-mother of the deceased, on account of loss of love and affection, if she is alive -- Disbursement of amount of compensation towards 'future prospects' shall be subject to furnishing requisite indemnity bonds by the claimants as the question of admissibility of future prospects to daily wagers/self-employed persons is pending adjudication before Hon'ble the Supreme Court in SLP No.16735 of 2014.

(P&H HC) Decided on: 26.05.2016

Tribunal assessed the income of the deceased at Rs.4200/- per month is inadequate being less than the minimum wages -- At the age of the deceased the amount fixed at minimum wage at least deserves to be granted -- Accordingly, the income of the deceased is assessed at Rs.4400/- per month -- Deceased Vikram was 19 years of age at the time of his death -- Keeping in view the law laid down in Rajesh’s 2013(3) R.C.R. (Civil), 170 (SC), an addition of 50% is ordered in the actual income of the deceased towards future prospects -- Multiplier of 18 deserves to be applied – Amount of compensation under the head 'loss of dependency' would come to Rs.4400/- + 50% X 12 X 18 X 1/2 = Rs.7,12,800/- -- Following the law laid down in Vimal Kanwar’s case (2013-3) PLR 776, an amount of Rs.1,00,000/- is awarded to the mother of the deceased for loss of love and affection.

(P&H HC) Decided on: 14.03.2016

Deceased carpenter was treated as a labourer and his income was assessed at Rs.4,500/- per month – Addition of 50% for future prospect, upheld.

(P&H HC) Decided on: 06.11.2015

Tribunal has not held that he was not a Carpenter -- Tribunal has wrongly assessed the income of the deceased at Rs.3,000/- -- Even if the income of the deceased is to be taken as a labourer, even then his income has been assessed on lower side -- Income of the deceased assessed at Rs.4,500/- per month – In the age group of 46 to 50 years, the multiplier of thirteen should be applied -- Tribunal has correctly made deduction of 1/3rd as there are three claimants -- After deducting 1/3rd , the monthly income comes to Rs.3,000/- and by applying the multiplier of 13 years, the compensation comes to Rs.3,000 x 12 x 13 = Rs.4,68,000/- -- For loss of consortium, an amount of Rs.1 Lac is awarded -- Claimants are entitled to Rs.25,000/- as funeral expenses -- Similarly, the claimants are also entitled for Rs.1 Lac in total for love and affection -- Total compensation comes to Rs.6,93,000/- alongwith @6% interest per annum from the date of filing of claim petition till actual realization.

(P&H HC) Decided on: 08.05.2015