Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 390 of 2015 Appellant :- Sri Ram Khelawan And Another Respondent :- M/S Lucknow Kanpur Goods Carrier P.Ltd.Throu Manager And Anr Counsel for Appellant :- Balendu Shekhar Counsel for Respondent :- Bhanu Prakash Dubey Hon'ble Abdul Moin,J. 1. Sri Balendu Shekhar, learned counsel for the appellants and Sri Bhanu Prakash Dubey, learned counsel for the respondent no. 2. 2. Despite the notice having served upon the respondent no. 1, as per office report dated 09.09.2021, nobody responds on behalf of the respondent no. 1. Accordingly, the Court proceeds to hear and decide the matter finally. 3. Instant appeal has been filed by the claimants praying for enhancement of the compensation as awarded by the learned Special Judge, CBI/ Motol Accident Claim Tribunal,Court No. 4, Lucknow in claim application no. 837 of 2014 Inre; Sri Ram Khilawan Vs. M/S Lucknow Kanpur Goods Carrier Ltd and ors. 4. The learned trial Court has awarded a sum of Rs. 2,82,400/- to the claimants along with interest at the rate of 7 % per annum. 5. Sri Balendu Shekhar, learned counsel for the appellants states that the award as passed by the learned tribunal has attained finality as neither the Insurance Company nor the respondent no. 1 i.e owner of the vehicle have challenged the award. 6. Bereft of unnecessary details, the facts as set forth by the learned counsel for the appellants is that the son of the claimant/the appellant no. 1 and brother of the appellant no. 2 namely Sri Raman @ Chotu died in an accident on 26.01.2014. 7. The learned tribunal by means of the award dated 20.03.2015 has awarded the aforesaid amount but has committed an error so far as it pertains to (a) applying a multiplier of 11 instead of 18 considering that the deceased at the time of his death was aged about 18 years and that the multiplier in terms of the judgment of the Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors- 2017 (4) T.A.C 673 (SC) should be 18 (b) the learned tribunal has awarded future prospects at 30 % rather the same should be 50 % considering the Uttar Pradesh Motor Vehicle (11th amendment) Rules, 2011 (hereinafter referred to as "Rules, 2011") which provides the future prospects as 50 % of salary for a deceased who was below 40 years of age (c) only Rs. 10,000/- amount has been awarded towards the loss of love and affection which keeping in view the law laid down by the Apex Court in the case of Magma General Insurance Co. Ltd Vs. Nanu Ram @ Chuhru Ram and Ors- 2018 (4) T.A.C 345 (S.C) should be 50 thousand. 8. It is contended that the judgment of the Apex Court in the case of Nanu Ram (supra) has been passed after considering the judgment of Pranay Sethi (supra). 9. On the other hand, Bhanu Prakash Dubey, learned counsel for the respondent no. 2 does not dispute the aforesaid principles of law as laid down by the Apex Court in the aforesaid judgments. 10. Having heard the learned counsel appearing on behalf of the contesting parties and perused the records it emerges that the learned tribunal vide award dated 20.03.2015 has awarded a sum of Rs. 2,82,400/- to the claimants. However, so far as a multiplier has been applied for grant of compensation it emerges that the learned tribunal had applied a multiplier of 11 (internal page 8 of the award) which in fact should be 18 as per the law laid down by the Apex Court in the case of Pranay Sethi (supra), considering that the age of the deceased was 18 years. 12. So far as future prospects are concerned, the learned tribunal has awarded 30 % towards future prospects which as per the Rules, 2001 should be 50 % considering the age of deceased as below 40 years. 13. So far as the loss of love is concerned, the learned tribunal has awarded an amount of Rs. 10,000/- which as per the law laid down by the Apex Court in the case of Nanu Ram (supra) should be Rs. 50,000/-. 14. Keeping in view the aforesaid discussion, the appeal is allowed. The respondents no. 2 shall calculate the amount of compensation in terms of the observations made above and deposit the same with the learned tribunal within a period of eight weeks from the date of receipt of a certified copy of this order. 15. Upon deposit of the aforesaid amount, the amount shall be released to the claimants by the learned tribunal in accordance with law. 16. Let the learned trial Court record be returned back. Order Date :- 30.4.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench