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As per case facts, the deceased, a 22-year-old B.Com graduate and an outstanding sportsperson, died in a motor accident. Her mother, handicapped brother, and sister, who were dependent on her,
...sought enhanced compensation. The Tribunal awarded an amount based on a lower notional income, failing to adequately account for her qualifications, potential earnings, future prospects, and specific heads of compensation like filial consortium. The claimants appealed for a higher assessment of her income, inclusion of future prospects, and proper consortium awards. The question arose as to how much notional income should be taken for the deceased and whether future prospects, loss of estate, and filial consortium should be awarded as per settled legal principles. Finally, the High Court, considering the deceased's educational background, computer training, and achievements as a sportsperson, assessed her notional income higher than the Tribunal. It granted future prospects, adjusted funeral expenses and loss of estate, and awarded filial consortium for the three claimants. The Court also applied the correct multiplier based on her age, partly allowing the appeal and directing the Insurance Company to pay enhanced compensation with interest.
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