6. The Tribunal, while adjudicating the claim, determined the compensation to be Rs. 41,55,235. The Tribunal relied upon the Income Tax Return of the deceased and concluded that   her   annual   income   was   Rs.   2,55,349.   Based   on   the dictum of this Court in Sarla   Verma v.  Delhi   Transport Corporation, (2009) 6 SCC 121, 50% addition was included towards future prospects and the multiplier was taken to be 15. Since, the   deceased had   two dependents, 1/3rd of the deceased’s income was deducted on account of personal and living   expenses. The non­pecuniary compensation   was calculated at Rs. 3,25,000. The NIC, being the insurer of the vehicle, was   held   liable to   pay   the   compensation   of   Rs. 41,55,235 with an interest of 9% per annum from the date of filing of the claim petition.

7. Aggrieved, the insurance company preferred an appeal against the award of the MACT before the Delhi High Court, which disposed of the appeal vide the impugned judgment dated 4th September, 2017. The High Court, in its common judgement, calculated   the   pecuniary   compensation   as   Rs. 19,16,000 and the non­pecuniary damages was calculated as Rs.2,50,000, for a total compensation of Rs. 21,66,000/­, in MAC. APP. 740/2016. While passing the aforesaid impugned order, the   High   Court deducted   50%   of   income   towards personal and living expenses. The High Court however, held the deceased ineligible for the grant of future prospects as she was self­employed.

10. This Court in a Five Judge Bench decision in National Insurance  Co.  Ltd.  v. Pranay Sethi, (2017) 16 SCC  680, clearly held that in case the deceased is self­employed and below the age of 40, 40% addition would be made to their income as future prospects. In the present case, the deceased was self­employed and was 37 years old, therefore, warranting the   addition   of   40%   towards   future   prospects.   Moreover, Pranay Sethi  (supra), affirming the ratio in  Sarla   Verma (supra), held that the deduction towards personal and living expenses for a person such as the deceased who was married with two dependents, to be one­third (1/3rd). Since the High Court   in   the impugned   judgment   deducted   50%   the   same merits interference by this Court.

11. Therefore, in light of the   above, the   compensation as awarded to the Appellants by the High Court is modified to the extent   of   deduction   towards   personal   and living   expenses (determined to be one­third (1/3rd)) and 40% addition towards future prospects. The annual income of the deceased (Mrs. Manisha Sharma) was Rs. 2,55,349. After deducting personal and living expenses and adding future prospects, the annual income is determined at Rs. 2,38,326/­. The multiplier of 15 is appropriate, considering the age of the deceased. Accordingly, the   total   loss   of   dependency,   is calculated   to   be Rs. 35,74,890/­. We do not find any reason to interfere with any other heads as determined by the High Court.

12. Hence, the   total   compensation   is   determined   to   be, Rs. 38,24,890/­ payable with interest of 9% per annum from the date of filing of the claim petition till realisation, set off against the part compensation already received, if any.