Neutral Citation No. - 2025:AHC:87672 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 511 of 2002 Appellant :- The New India Assurance Co. Ltd. Respondent :- Km. Meena Minor And Another Counsel for Appellant :- Smt. Poonam Srivastava,Aditya Singh Parihar Counsel for Respondent :- R.K.Porwal Hon'ble Vipin Chandra Dixit,J. Heard Sri Aditya Singh Parihar, learned counsel for the appellant, Sri R.K. Porwal, learned counsel for claimants-respondents and perused the record. This first appeal from order has been filed by the appellant Insurance Company against the judgment and award dated 11.01.2002 passed by Additional District Judge, Court No. 4/Motor Accident Claims Tribunal, Etawah by which compensation of Rs. 65,000/- along with 8% interest has been awarded to the claimant-respondent no. 1 on account of injuries received by her in a road accident occurred on 14.09.1997. The appeal has been filed mainly on the ground that there was breach of terms and conditions of the insurance policy. It has been pointed out by learned counsel for the respondents that one appeal arising out of same accident being First Appeal From Order No. 884 of 2000 has already been withdrawn by the appellant Insurance Company. The aforesaid fact has not been disputed by learned counsel for the appellant Insurance Company. In view of above, since one appeal arising out of same accident has already been withdrawn by the appellant Insurance Company, the ground of breach of policy is not available to the Insurance Company and the present appeal is also liable to be dismissed. The first appeal from order is dismissed accordingly. Interim order, if any, stands discharged. Civil Misc. Cross Objection/Cross Appeal No. 95941 of 2024 This cross objection/cross appeal has been filed by the claimant-respondent no. 1 against the same judgment for enhancement of compensation. It is submitted by learned counsel for the claimant-respondent that compensation awarded by the claims tribunal is too meager. The claims tribunal has assessed the monthly income of the claimant as Rs. 900/- per month, whereas, in the second schedule of Motor Vehicle Act, which was inserted in the year 1994, the annual income has been provided as Rs. 15,000/- per annum where there was no income of the claimant. It is further submitted that nothing has been awarded towards future prospects, whereas, the claimant is entitled for 40% future prospects in view of judgment of Hon'ble Apex Court in the case of Syed. Sadiq and others Vs. Divisional Manager, United India Insurance Company Limited, (2014) 2 SCC 735. On the other hand, learned counsel appearing on behalf of appellant Insurance Company submits that the compensation awarded by the claims tribunal is almost just and proper. The claimant aged about 13 years, herself has claimed her income as Rs. 900/- per month and the claims tribunal has rightly accepted the same. There is no ground for enhancement of compensation. Considered the submissions of learned counsel for the parties and perused the record. In the present case, the accident was occurred on 14.09.1997 and the claimant had received grievous injuries and has become permanent disabled. As per disability certificate, there was disability of 30% and the claims tribunal has erred in assessing the income of the claimant as Rs. 900/- per month, whereas, in the second schedule of Motor Vehicle Act, which was inserted in the year 1994, the notional income has been provided as Rs. 15,000/- per annum, where there was no income. In view of above, the income of the claimant is accepted as Rs. 15,000/- per annum. The claimant is also entitled for 40% future prospects in view of judgment of Hon'ble Apex Court in the case of Syed. Sadiq (supra). The compensation awarded by the claims tribunal is liable to be enhanced and the same is reassessed as under :- 1. Annual Income : Rs. 15,000/- 2. Future prospects : (40%) = Rs. 6,000/- 3. Total annual income : Rs. 15,000/- + Rs. 6,000/- = Rs. 21,000/- 4. Loss of income : (30%) = Rs. 6,300/- 5. Multiplier applicable : (15) = Rs. 6300/- x 15 = Rs. 94,500/- 6. Medical expenses : Rs. 15,000/- 7. For pain, suffering : Rs. 5,000/- Total : Rs. 94,500/- + Rs. 15,000/- + Rs. 5,000/- = Rs. 1,14,500/- The cross objection/cross appeal is partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs. 65,000/- to Rs. 1,14,500/-. The claimant appellant is also entitled for interest at the rate of 6% on the enhanced amount from the date of award of claims tribunal i.e. 11.01.2002. The appellant/Insurance Company is directed to pay enhanced amount along with interest to the claimant within two months from today. No order as to costs. Order Date :- 23.5.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad