AI generated image used for representtive purposeNEW DELHI: The Gauhati high court has incrsed compensation for the family of a man who died in a road accident from the amount awarded by a motor accident claims tribunal to Rs 8.81 lakh, saying his wife and two sons were entitled to higher compensation. The court added 25 percent to the man's income towards future earnings and also awarded compensation to his two sons for losing their father's care and guidance.Why was the compensation increased?According to the court order, the deceased was working as a Power Tiller Operator and was earning Rs 5,000 a month. He was 44 years old when the accident took place. The court held that since he was self-employed and was between 40 and 50 years old, 25 percent had to be added to his income for future prospects. It therefore calculated his monthly income at Rs 6,250 and his family's loss of dependency at Rs 7 lakh.The court also found that the tribunal had awarded compensation only to the man's wife for loss of consortium and had not given any amount to his two sons. It said children are also entitled to compensation when they lose a parent in a road accident.The court therefore awarded Rs 48,400 each to the wife and the two sons towards loss of consortium. It also fixed Rs 18,150 each towards funeral expenses and loss of estate. This took the total compensation to Rs 8,81,500.What did the high court say?Justice Kaushik Goswami first explained why the deceased's future income had to be considered while calculating compensation. It noted that he was self-employed and 44 years old when he died.“Having regard to the principles laid down in Pranay Sethi (supra), since the deceased was self-employed and was aged 44 years at the time of the accident; the claimants would be entitled to an addition of 25 percent of the established income towards future prospects. Accordingly, taking the monthly income of the deceased at Rs. 5,000/-, his monthly income after addition of 25 percent towards future prospects would work out to Rs. 6,250/-,” the court said.The high court also relied on the Supreme Court's earlier ruling on parental consortium, under which children can receive compensation for losing a parent's care, protection, affection and guidance.“Parental Consortium is awarded to children who lose their parents in motor vehicle accidents under the Act,” the court noted.The court then held that the deceased's two sons were entitled to compensation under this head and increased the total amount payable to the family.“Accordingly, applying the amount of Rs. 40,000/- prescribed in Pranay Sethi (supra), as enhanced in accordance with the principle of periodic enhancement laid down therein, the wife and the two sons of the deceased would be entitled to Rs.48,400/- each towards loss of consortium,” it further added.The court calculated the final compensation at Rs 8,81,500, including Rs 7 lakh for loss of dependency, Rs 48,400 for the wife's consortium, Rs 96,800 for the two sons' parental consortium, Rs 18,150 for funeral expenses and Rs 18,150 for loss of estate.The insurance company was directed to pay the enhanced compensation along with the interest awarded by the tribunal. Since the earlier amount had already been deposited and received by the claimants, the court directed the insurer to deposit the balance enhanced amount within six weeks.