Summary
Compensation for the death of a 21-year-old bachelor was enhanced by applying the multiplier based on his age rather than his mother’s. His swimming skills and competition record justified notional income of Rs.12,000 per month, with 40% future prospects and a 50% personal-expense deduction. The total award became Rs.20,64,400, with the enhancement payable within one month and carrying 7% simple interest from the claim petition.
Issues
- Whether a bachelor’s age or his dependant’s age determines the multiplier.
- What notional income and future-prospects addition were justified for the trained swimmer.
Held
- The deceased’s age determines the multiplier even where he was a bachelor. At age 21, the applicable multiplier was 18, rather than 15 based on his mother’s age. (¶ 4–4.8)
- The High Court’s reduction to Rs.7,500 per month undervalued the deceased’s demonstrated skills and earning potential. Notional income was fixed at Rs.12,000 per month and future prospects added at 40%. (¶ 4.9–4.10)
- After deducting 50% for personal expenses, monthly dependency was Rs.8,400. Applying multiplier 18 yielded Rs.18,14,400; the retained conventional awards brought total compensation to Rs.20,64,400, an enhancement of Rs.11,39,400. (¶¶ 4.11, 5)
- The insurer was directed to pay the enhancement within one month, with 7% simple interest from filing of the claim petition until realisation. (¶ 6)
Result
Appeal allowed; compensation enhanced to Rs.20,64,400. Insurer to pay the additional Rs.11,39,400 within one month, with 7% simple interest from the claim petition to realisation. Pending applications disposed of.