(xiv) Shashikala's case has been decided on 13.03.2015 by two Judges' Bench of the Apex Court, out of which, one of the learned Judges has expressed divergent views.
It may further be noticed that
Hon'ble Apex Court in Shashikala's case did not provide addition
towards future prospects pendente lite the aforesaid issue, wherein
Suit No.365/12 - Chanda Kamboj & Anr. vs. Vijender Singh & Ors. 14 of 32
the deceased was an income tax payee carrying business of
newspapers and had relied upon Income Tax Returns for the
Assessment Years 2005-06 and 2006-07.
18. The claimants, however, submit that the non-pecuniary damages
awarded by the impugned judgment are inadequate. Having regard to
the rulings in Rajesh & Ors. v. Rajbir Singh & Ors., (2013) 9 SCC 54
and Shashikala V. Gangalakshmamma (2015) 9 SCC 150, the
grievance is found to be partially correct. The award on account of
loss of love and affection at Rs.1 Lakh is appropriate, but the non-
pecuniary damages on account of funeral expenses and loss to estate
are on the lower side. Therefore, the same are increased to Rs.
25,000/- each.
7. Learned counsel‟s contention that since the Supreme Court in the case
of Shashikala and Others Vs. Gangalakshmamma and Another
reported in 2015 (2) T.A.C. 867 (S.C), has taken note of the divergent
views of co-ordinate Benches on the contentious issue of addition of income
towards future prospects in the case of self-employed persons, daily wagers,
labourers and persons employed in unorganized sector in the backdrop of the
judgments rendered in Sarla Verma's case (2009), 6, SCC 121, Santosh
Devi (2012) 6, SCC, 421, Reshma Kumari (2013) (2) TAC 369 and
Rajesh Vs. Rajvir (Supra) and referred the matter to a larger Bench, hence,
the question of increment in income by addition of future prospects cannot be
gone into at this stage is not acceptable for the reason that in the said case
their Lordships have referred the matter to a larger Bench, but, they have not
disturbed or expressed any opinion or view on merit.
13(i).As per Ex.P31/pension certificate, the date of birth of the
deceased is 29.06.1949. The accident has occurred on 13.03.2015.
Therefore, the deceased had completed 65 years, 8 months and 13 days at
the time of accident. The learned counsel appearing for the appellants
relied on the judgment of the Hon'ble Apex Court reported in 2015 (1)
TNMAC 785 (SC) (Shashikala and others vs. Gangalakshmamma
and another) and submitted that the Hon'ble Apex Court has taken only
the completed age of the deceased for applying multiplier. The relevant
paragraph is extracted hereunder:
1 (2009) 6 SCC 121
2 (2013) 9 SCC 54
3 (2013) 9 SCC 65
4 (2015) 9 SCC 166
5 (2015) 9 SCC 150
4 MAC App. No. 13 of 2015
National Insurance Co. Ltd. vs. Shova Lepcha & Ors.
that the issue relating to payment towards future prospects was
considered in two earlier decisions Rajesh vs. Rajbir Singh2 and
Reshma Kumari vs. Madan Mohan3 and two divergent views were
given, which was noticed in National Insurance Company Ltd.
vs. Pushpa4 and Shashikala vs. Gangalakshmamma5 and the
Supreme Court ultimately referred the matters for consideration by
a larger Bench, therefore, no final decision on this point is there.
His submission is that since the matter has come up for hearing, it
may be directed to the Appellant to deposit the entire amount of
award except the amount awarded towards future prospects (i.e.
Rs.3,24,000/-) and the matter may be kept pending for some time
so that a final verdict from the Supreme Court on the issue referred
to by the Judgments of Pushpa4 and Shashikala5 may come and
then the matter may be taken up for hearing once again for making
a command in relation to the said amount of future prospects.
5. Following the view taken in Rajesh & Ors. v. Rajbir Singh & Ors.,
(2013) 9 SCC 54 and Shashikala V. Gangalakshmamma (2015) 9 SCC 150,
compensation in the sum of Rs.1 lakh each on account of loss of love &
affection and loss of consortium and Rs.25,000/- each towards loss of estate
and funeral expense are added. Thus, the total compensation payable in the
case is computed as (14,18,000 + 2,50,000) Rs.16,68,000/-.
On careful consideration of the Judgment of the Hon'ble Supreme
Court in (Shashikala and Others Vs. Gangalakshmamma and Another)
(supra) it transpires that no question has been raised with regard to adding
of future prospects in terms of the aforesaid decisions in case the deceased
is aged about below 40 years and a salaried person.