Summary
The Supreme Court enhanced compensation for the death of the claimants’ widowed daughter to Rs.14,25,000 with twelve per cent interest and Rs.25,000 costs. Proven, unrebutted employer certificates justified future prospects above the standard percentage. It retained a fifty per cent personal-expense deduction and multiplier 18, and awarded Rs.70,000 under conventional heads. The higher future-prospects allowance rested on evidence, not a general entitlement to double every deceased employee’s income.
Issues
- Whether specific evidence justified future prospects above the standard percentage.
- What personal-expense deduction, multiplier and conventional-head amounts applied.
- What compensation and costs followed.
Held
- The standard future-prospects percentage could be varied where actual evidence satisfied the court that prospects were higher. Two proved employer certificates, unrebutted by the insurer, supported the Tribunal’s approximately 100 per cent allowance in this case. (¶¶ 10, 11, 12)
- For the widowed deceased survived by her two parents, fifty per cent was properly deducted for personal and living expenses. Multiplier 18 was retained with reference to her age of about 25. (¶¶ 7, 13, 15)
- Using actual income of Rs.6,273, adding 100 per cent future prospects and deducting fifty per cent yielded monthly dependency of Rs.6,273. With multiplier 18, dependency compensation was Rs.13,54,968; conventional heads added Rs.70,000. The aggregate was rounded to Rs.14,25,000. (¶¶ 14, 15)
- Interest remained twelve per cent as awarded by the Tribunal from the application until realisation. The Court separately awarded Rs.25,000 costs reflecting two decades of litigation. These were the figures directed in this judgment. (¶¶ 4, 15, 16, 17)
Result
Claimants’ appeal allowed; compensation fixed at Rs.14,25,000 with continuing twelve per cent interest as awarded below, plus Rs.25,000 costs.