LAW FOR ALL

M.V.Act - It was also held in Rajesh (supra) that in case, the deceased is above the age of 50 years, the enhancement of 15 per cent was to be given towards loss of future prospects. Close to Rajesh (supra), there was another decision of this Court, again of the strength of three Judges, in Reshma Kumari and others v. Madan Mohan and another[3], rendered on 02.04.2013. While Rajesh (supra) went a step ahead of Sarla Verma (supra) in awarding 15 per cent enhancement towards loss of future prospects, the decision in Reshma Kumari (supra) reaffirmed the principles laid down in Sarla Verma (supra) which declined any addition towards future prospects after the age of 50 years. It may be noted that there was no reference of Reshma Kumari (supra) in Rajesh (supra), apparently, since the said judgment had not been reported by the time Rajesh (supra) was rendered. On 02.07.2014, a two-Judge Bench of this Court in National Insurance Company Limited v. Pushpa and others[4], taking note of the conflicting positions as far as addition of future prospects after the age of 50 years, in Reshma Kumari (supra) and Rajesh (supra), has made a Reference of this aspect to a larger Bench. We are informed that the Reference is still pending. Under the above circumstances, we are inclined to pass an interim Order on compensation as far as the undisputed areas are concerned and then post this petition after the Reference is answered by the larger Bench. Therefore, by way of an interim measure, it is ordered that the petitioners shall be entitled to enhancement of compensation by fixing the multiplier as “11”. The widow shall be entitled for loss of consortium to the tune of Rs.1,00,000/- and the children together are entitled to compensation of Rs.1,00,000/- towards loss of love, care, guidance and protection. The compensation shall carry interest at the rate of 9 per cent from the date of filing of the claim petition. The Insurance Company shall re-work the compensation as above and deposit the amount with the Tribunal within three weeks. On such deposit, it will be open to the claimants to withdraw the same. As far as enhancement under the head “future prospects”, post this petition after the Reference is answered by the larger Bench.