Once, it is accepted that the deceased was additionally earning on account of assessment of examination papers, then the entire benefit as claimed should have been extended rather than reducing it for no justifiable reason. We accordingly take the additional income to be Rs.25,000/- per year.
If the deceased was between the age of 50- 60 years which is the present case, there should be an addition of 15% towards future prospects. We accordingly allow an addition of 15% towards future prospects.
The courts below have deducted 1/3rd amount towards personal expenses of the deceased – as the dependent family members are at least 4, the deduction should have been 1/4th. We hold accordingly.
In the present case, the MACT had granted a meagre amount of Rs.5,000/- towards loss of consortium. However, the High Court granted a total amount of Rs.70,000/- as consolidated amount under all conventional heads, which included loss of consortium, loss of estate and funeral expenses. – Considering the same, an amount of Rs.40,000/- each is awarded to each of the four dependents towards loss of consortium.
The Tribunal had awarded Rs.2,500/- towards loss of estate and Rs.2,000/- towards funeral expenses.- We are of the view that the amount awarded for loss of estate and loss of funeral expenses is too less and accordingly increase the same to Rs.15,000/- under both the heads separately.
SUPREME COURT JUDGMENT
Citation: 2023 STPL(WEB) 50 SC
RAHUL GANPATRAO SABLE Vs. LAXMAN MARUTI JADHAV (DEAD) THROUGH LRS. AND ORS.
Decided on 5-7-2023
Click to See Full Text of Judgment: 2023 STPL(WEB) 50 SC
