Vegetable vendor -- Deceased was having a license of vegetable vendor -- Income of the deceased cannot be taken to be less than, atleast, Rs.350/- per day -- Monthly income of the deceased is taken to be Rs.10,000/- per month – Held, benefit of future prospects cannot be denied to a self-employed person – Deceased aged 50 +, claimants are entitled to the benefit of enhancement on account of future prospects @ 10% -- Loss of dependency of the claimants is assessed at Rs.10,000/- 2500 (10,000 x ¼) = Rs.7500/- per month -- Hence the total compensation on account of loss of dependency comes to Rs. 90000 + 9000(90000 x 10%) = 99000/- per annum -- Multiplier for the age group of 46 to 50 years would be 13 and multiplier for the age group of 51 to 55 years would be 11 -- No multiplier is prescribed in between -- Since the deceased had, not reached the age of 51 years, therefore, the applicable multiplier has rightly been taken by the Tribunal at 13 – So the total loss of dependency to the claimants come to Rs. 99000 x 13 = Rs.12,87,000/- -- Claimant is held to be entitled to Rs.40,000/- on account of loss of consortium and Rs.15,000/- on account of funeral expenses and Rs.15,000/- on account of loss of estate as well.
(P&H HC) Decided on : 22.11.2017
