Neutral Citation No. - 2025:AHC:109991 Court No. - 36 Case :- FIRST APPEAL FROM ORDER No. - 3325 of 2009 Appellant :- Smt.Nazima And Others Respondent :- Uttar Pradesh State Road Tranposrt Corporation Counsel for Appellant :- V.K.Dixit Hon'ble Shekhar Kumar Yadav,J. 1. Heard Sri Pradeep Mishra and Sri Utkarsh Garg, learned counsel for the claimants and Sri Parmeet Kumar and Sri Sunil Kumar, learned counsel for the respondent. 2. This appeal, at the behest of the claimants, challenges the judgment and award dated 22.7.2009 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Shahjahanpur in M.A.C. No. 290 of 2007 awarding a sum of Rs. 1,89,000/- as compensation with interest at the rate of 6% per annum. 3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The only issue to be decided is the quantum of compensation awarded. 4. The accident took place on 08.10.2007 by Bus No. UP 27 T 319 which hit the rickshaw puller, who died on the same day. The claimants are wife, mother, son and daughter of deceased. The court below decided the claim petition of the claimants on the basis of Rs. 50/- per day. Thus, the Tribunal awarded only Rs. 1,89,000/- with interest at the rate of 6%. 5. It is submitted by learned counsel for the appellants that income of the deceased should have been considered to be Rs. 100/- per day. It is submitted that 40% should have been added towards future loss of income of the deceased as the deceased was below 40 years and was a rickshaw puller by profession. It is further submitted that the multiplier should be as per the age of the deceased and it should be 18. It is submitted that deduction towards personal expenses would be 1/4 and further the funeral expenses, loss of estate and loss of consortium have not been computed in accordance with law. In support of above arguments, learned counsel for the appellants has relied on the decisions in National Insurance Co. Ltd. Vs. Pranay Sethi and others, 2017 Law Suit (SC) 1093 & Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121. It is lastly submitted that the interest awarded by the Tribunal is on the lower side and it should be as per the repo rate prevailing. 6. As against this, learned counsel for the respondent has submitted that the compensation awarded by the Tribunal is just and proper and does not call for any interference of this Court as the income which has not been proved, cannot be granted. 7. Having heard the learned counsel for the parties, in this case, the income of the deceased who was a rickshaw puller, can be safely considered to be Rs. 3000/- per month in the year 2007. The submission of learned counsel for the appellants that the trial court has not granted any future loss. Hence, in view of the decisions in Gobald Motor Services Ltd. and another v. R.M.K. Velusamy, 1962 SCR (1) 929 and General Manager, Kerala S.R.T.C Versus Susamma Thomas, 1994 SCC (2) 176 and in Pranay Sethi (Supra), 40% should be added towards future loss of income. The deceased being in the age bracket of 26-30, the applicable multiplier would be 17. As far as deduction towards personal expenses is concerned, it should be 1/4 and the amount awarded under the non pecuniary damages are not in consonance with the decision of Pranay Sethi (supra). 8. Hence, the total compensation payable to the appellants is computed herein below: i. Income: Rs. 3000/-per month namely Rs. 36,000/- per year. ii. Percentage towards future prospects : 40% namely Rs. 14,400/- iii. Total income : Rs.36,000 + 14400 = Rs. 50,400/- iv. Income after deduction of 1/4 towards personal expenses : Rs 50,400- Rs.12,600/-=Rs 37,800/- v. Multiplier applicable : 17 vi. Loss of dependency: Rs. 37800 x 17 = Rs. 6,42,600/- vii. Amount under non pecuniary heads : Rs. 70,000/- viii. Total compensation : Rs. 7,12, 600/- 9. This takes this Court to the issue of interest. The rate of interest would be payable from the date of accident. The amount awarded by the Tribunal would carry interest at the rate of 9% from the date of accident till the date the amount was deposited. 10. No other grounds are urged orally when the matter was heard. 11. In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The respondent-U.P.S.R.T.C. shall deposit the amount within a period of 12 weeks from today with interest as directed above. The amount already deposited be deducted from the amount to be deposited. Order Date :- 10.7.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad