(S.A. Bobde and L. Nageswara Rao, JJ.)
Shashi Chandan __________________________________ Appellant
v.
Ramesh Chander & Anr. _______________________ Respondent(s)
Civil Appeal No. 6071 of 2018 [Arising out of SLP (C) No. 1007 of 2018], decided on July 5, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. Having heard learned counsel appearing for the parties and upon perusal of the record, we are of the view that the impugned judgment of the High Court needs to be modified as follows:
3. The injured was 23 years of age when he lost a portion of his right arm in an accident. He has been awarded compensation in the sum of Rs. 8,54,000/- (Rupees eight lakh and fifty four thousand only).
4. Mr. Manish Maini, learned counsel appearing for the appellant-claimant, points out that an addition of 40% of the established income should have been awarded to the claimant for future prospects as considered by this Court in the case of National Insurance Company Limited v. Pranay Sethi – (2017) 16 SCC 680. This Court observed in para 59.4 of the said judgment as follows:
“59.4 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.”
5. We, accordingly, direct that since the appellant-injured was self-employed, an addition of 40% will be added to his established income which has been held to be Rs. 3,894/- per month.
6. The decree passed by the High Court shall be modified to the above extent along with the proportionate interest at the rate of 7.5% per annum from the date of filing of the claim petition.
7. With the aforesaid directions, the instant appeal is disposed of.
Petition(s) for Special Leave to Appeal (C) No. 1007/2018
Shashi Chandan ___________________________________ Appellant
v.
Ramesh Chander & Anr _________________________ Respondent(s)
Date: 05-07-2018 This appeal was called on for hearing today.
(Before S.A. Bobde and L. Nageswara Rao, JJ.)
For Appellant(s) Mr. Manish Maini, Adv. Ms. Manjeet Chawla, AOR
For Respondent(s) Mr. Ajay Bansal, Adv. Mr. Praveen Swarup, AOR
Mr. Gaurav Yadava, Adv. Ms. Veena Bansal, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The instant appeal is disposed of in terms of the signed order.
10. Pending interlocutory applications, if any, shall also stand disposed of.
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