21. In Sarla Verma’s case (supra), it has been stated that in the case of those above 50 years, there shall be no addition. Having regard to the fact that in the case of those self-employed or on fixed wages, where there is normally no age of superannuation, it will only be just and equitable to provide an addition of 15% in the case where the victim is between the age group of 50 to 60 years so as to make the compensation just, equitable, fair and reasonable. There shall normally be no addition thereafter.

22. Hon’ble the Apex Court while dealing with the case of Pranay Sethi (supra) fixed the rate of enhancement in paragraph 61(iv) as follows:-

(iv) In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component.

The deceased was of 45 years. Thus, in light of law laid down as mentioned above the future prospects will be considered as 25%.

23. In light of above facts, we are of the view that the claimants are entitled for the following compensation:-

i Annual income as already assessed by the Tribunal after deducting ¼ Rs.27,000/- Multiplier applicable M-14 27,000 x 14 = 3,78,000/-

ii Future prospects @ 25% Rs.94,500/-

iii Loss of estate (In light of Pranay Sethi’s case Paragraph 61(viii) Rs.15,000/-

iv Loss of consortium Rs.40,000/-

v Funeral expenses Rs.15,000/-

Total amount of claim admissible Rs.5,12,000/-

Accordingly, the First Appeal From Order deserves to be modified. The claimants/respondents 1 to 6 are entitled for an award to the tune of Rs.5,12,000/- with simple interest and conditions as laid down by the Tribunal.

24. Statutory amount deposited by the appellant before this Court shall be remitted to the tribunal concerned within three weeks from today for adjustment and disbursement to the claimants in accordance with the award. FAFO is disposed of accordingly.

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