JUDGMENT
Kailash Gambhir, J.
1. By way of the present appeal, the appellants seek to challenge the impugned Award dated 20/10/1993 mainly on the ground that the Tribunal has not correctly assessed the income of the deceased and even no future prospects have been considered by the Tribunal. The Award is also challenged on the ground that the Tribunal has not granted any amount of compensation towards loss of consortium, loss of love and affection, loss of estate and funeral expenses. Brief summary of the facts necessary for deciding the present appeal are:
On 14.7.1988 Shri Sobha Ram aged about 50 years met with an accident at Sector I, R.K. Puram, New Delhi. He was crossing the road when a jeep bearing registration No. DHC 2585 being driven by its driver Shri Satyadev hit him. Shri Sobha Ram suffered fatal injury & died on 15.7.1988.
2. I have heard learned Counsel for the appellant and have perused the record.
3. Nobody has chosen to appear on behalf of contesting respondent No. 3 M/s United India Insurance Co. Ltd. This is despite the fact that there is a designated counsel appointed by the Insurance Co. to represent in the matter. One Mr. Mohd. Ragib had earlier appeared for respondent No. 3, who is also not present. In the daily cause list it is being notified to all the members of the Bar that all MACT appeals fixed for regular hearing shall be taken daily in the post lunch session. Despite the said instructions and the appointment of the panel lawyer and designated counsels there is nobody to represent the insurance company. In such circumstances, the regular hearing of the case cannot be deferred, more particularly when the counsel for the appellant is present and is fully prepared to argue the matter.
4. Perusal of the Award shows that the appellants had pleaded the income of the deceased at Rs. 1500/- per month at the time of the filing of the original petition. Later on by way of amendment the same was pleaded at Rs. 2000/- per month. The widow of the deceased i.e. appellant No. 1 had deposed that the deceased was earning Rs. 70/- to Rs. 80/- per day. Shri Bane Singh a fellow kabari, who used to meet the deceased often also supported the said income of Rs. 70/- to Rs. 80/- being earned by the deceased. The deceased was working as a Kabari and the appellants have not proved on record any future prospects of the deceased in the said job. It is no more res integra that to claim future prospects it is essential for the claimants to prove the same by some cogent and material evidence. In Bijoy Kumar Dugar v. Bidya Dhar Dutta the Hon’ble Apex Court observed:
The mere assertion of the claimants that the deceased would have earned more than Rs. 8000 to Rs. 10,000 per month in the span of his lifetime cannot be accepted as legitimate income unless all the relevant facts are proved by leading cogent and reliable evidence before MACT. The claimants have to prove that the deceased was in a trade where he would have earned more from time to time or that he had special merits or qualifications or opportunities which would have led to an improvement in his income. There is no evidence produced on record by the claimants regarding future prospects of increase of income in the course of employment or business or profession, as the case may be.
5. Therefore, the future prospects cannot be granted to the claimants in the absence of any cogent evidence in this regard.
6. In any event of the matter, the Tribunal has wrongly taken into consideration the income of the deceased at Rs. 1500/- per month. The income of the deceased can be safely taken at Rs. 2000/- per month taking his daily earning at Rs. 70/- per day. This is the income which the appellants had pleaded after amending their petition. After deducting 1/3rd of the income towards the personal expenses, monthly income of the deceased would come to Rs. 1340/- per month and Rs. 16080/- per annum. After multiplying the same with the multiplier of 15 the total loss towards financial dependence would come to Rs. 2,41,200/-. Since the Tribunal has not granted any amount towards the loss of consortium, loss of love and affection, loss of estate and funeral expenses, the provision for the same has to be made in the present appeal. A sum of Rs. 50,000/- is awarded towards loss of consortium in view of the judgment of the Hon’ble Apex Court in Mohinder Kaur and Ors. v. Hira Nand Sindhi (Ghoriwala) and Anr. 2007 ACJ 2123 (SC) Rs. 20,000/- is awarded towards loss of love and affection as the deceased is survived by his widow and four children. Rs. 5000/- for loss of estate and Rs. 5000/- for funeral expenses. The differential amount shall be paid by the respondent insurance company @7.5% p.a. in favor of the appellants from the date of the filing of the petition till the realisation.
7. The appeal stands disposed of.