Neutral Citation No. - 2025:AHC:74552 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 1021 of 2003 Appellant :- Sandeep Manav And Others Respondent :- National Insurance Co. Ltd. And Others Counsel for Appellant :- Sharve Singh,A.L. Jaiswal Counsel for Respondent :- Arvind Kumar Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri Sharve Singh, learned counsel for the appellants and Sri Achintya Kumar, Advocate holding brief of Sri Arvind Kumar, learned counsel for the Insurance Company-respondent no.1. No one is present for respondent no.2 who is owner of Matadoor bearing No. DLIV/1592. 2. This first appeal from order has been filed by the appellants-claimants under Section 173 of Motor Vehicle Act, 1988 for enhancement of compensation against the judgment and award dated 6.2.2003 passed by Additional District Judge, Court No.1/Motor Accident Claims Tribunal, Ghaziabad in M.A.C.P. No.38 of 1998 (Sandeep Manav & others vs. Rajesh and another), by which compensation of Rs.5,03,700/- alongwith 9% interest has been awarded to the claimants on account of death of Swapna Swaroop Manav in the road accident occurred on 18.11.1997 and liability has been fixed upon respondent no.1-Insurance Company. 3. It is submitted by learned counsel for appellants that the age of the deceased was accepted as 45 years and multiplier of '13' has been applied, whereas the appropriate multiplier of '14' would be applicable in view of law laid down by Hon'ble Apex Court in the case of Sarla Verma vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677 (S.C.). It is further submitted that nothing has been awarded towards future prospects and only Rs.4500/- has been awarded towards non-pecuniary damages, whereas the claimants are entitled for 25% future prospects and Rs.70,000/- towards non-pecuniary damages. No other ground has been pressed by the appellants. 4. Learned counsel appearing for respondent no.1-Insurance Company has submitted that compensation awarded by Claims Tribunal is almost just and proper but has not disputed the aforesaid legal arguments raised by learned counsel for appellants. 5. Considered the submissions of learned counsel for the parties and perused the record. 6. The Claims Tribunal while deciding issue nos. 5 and 6 has accepted age of the deceased as 45 years at the time of accident. The Claims Tribunal has erred in applying multiplier of '13', whereas the appropriate multiplier would be '14' as provided by Hon'ble Apex Court in the case of Sarla Verma(supra) for the age group of 41-45 years.. The Claims Tribunal has also erred in not awarding any amount towards future prospects and only Rs.4500/- has been awarded towards non-pecuniary damages, whereas claimants are entitled for 25% future prospects and Rs.70,000/- for non-pecuniary damages in view of law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017(4) T.A.C. 673. 7. In view of above, the compensation awarded by the Claims Tribunal is liable to be enhanced. The compensation is re-assessed as under:- 1) Monthly income = Rs.4,800/- 2) Annual income = Rs. 4,800/- X 12 + Rs.57,600/- 3) Future prospects (25%) = Rs.14,400/- 4) Total annual income = Rs.57,600/- + Rs.14,400/- =Rs.72,000/- 5) Deduction towards personal expenses(1/3rd) = Rs.72,000/- - Rs.24,000/- =Rs.48,000/- 6) Multiplier applicable (14) =Rs.48,000/- x 14 = Rs.6,72,000/- 7) Non-pecuniary damages =Rs.70,000/- Total = Rs.6,72,000/- + Rs.70,000/- = Rs.7,42,000/- 8. In view of aforesaid discussion, the appeal filed by claimants is hereby partly allowed and award of the Claims Tribunal is modified and compensation is enhanced from Rs.5,03,700/- to Rs.7,42,000/-. The claimants-appellants are also entitled for 6% interest on enhanced amount from the date of judgement and award of Claims Tribunal dated 6.2.2003. 9. The National Insurance Company Limited-respondent no.1 is directed to pay enhanced amount alongwith interest to the claimants-appellants within two months from today. 10. No order as to costs. Order Date :- 7.5.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad