Neutral Citation No. - 2025:AHC:60273 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2920 of 2004 Appellant :- Hasima Yasmin And Ors. Respondent :- The National Insurance Co.Ltd.And Anr. Counsel for Appellant :- Sharve Singh,A.L.Jaiswal Counsel for Respondent :- Amit Manohar,Ashok Kumar Yadav Hon'ble Vipin Chandra Dixit,J. Heard Sri Sharve Singh, learned counsel for the appellants and Sri Anubhav Sinha, Advocate holding brief of Sri Amit Manohar, learned counsel for the Insurance Company-respondent no.1. No one is present on behalf of respondent no. 2 who is the owner of the Bus. Perused the record. This first appeal from order has been filed under Section 173 of Motor Vehicle Act, 1988 on behalf of the claimants-appellants for enhancement of compensation against the judgment and award dated 18.8.2004 passed by Additional District Judge-12/Motor Accident Claims Tribunal, Allahabad in M.A.C.P. No. 987 of 1999 (Smt.Hasina Yasmin and others vs. Mohd. Afjal) by which compensation of Rs.4,96,600/- alongwith 8% interest has been awarded to the claimants on account of death of Ishtiaq Ahmad aged about 35 years. It is submitted by learned counsel for the appellants that the Claims Tribunal has erred in awarding a very less amount of compensation in favour of claimants-appellants. It is further submitted that nothing has been awarded towards future prospects, where as the claimants-appellants are entitled for 50% future prospects 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. It is further submitted that only Rs.7,000/- towards non-pecuniary damages were awarded whereas the claimants-appellants are entitled to get Rs.70,000/- towards non-pecuniary damages as per judgment of Pranay Sethi(supra). It is further submitted that Claims Tribunal has also erred in deducting 1/3rd for personal expenses, whereas there are four dependents of the deceased and as such, deduction would be 1/4th 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.). On the other hand, learned counsel for Insurance Company- opposite party has not disputed the aforesaid legal position. He submits that Claims Tribunal has also erred in applying the multiplier of 17 whereas appropriate multiplier would be 16 as the age of the deceased was 35 years. Considering the rival submissions of learned counsels for the parties, the compensation awarded by the Claims Tribunal is reassessed as below:- 1) Monthly income = Rs.3,600/- 2) Annual income = Rs. 3600/- X 12= Rs.43,200/- 3) Future prospects (50%) = Rs.21,600/- 4) Total annual income = Rs.43,200/- + Rs.21,600/- =Rs.64,800/- 5) Deduction towards personal expenses(1/4th) = Rs.64,800/- - Rs.16,200/- =Rs.48,600/- 6) Multiplier applicable (16) =Rs.48,600/- x 16 = Rs.7,77,600/- 7) Non-pecuniary damages =Rs.70,000/- Total = Rs.7,77,600/- + Rs.70,000/- = Rs.8,47,600/- 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.4,96,600/- to Rs.8,47,600/-. The National Insurance Company Limited/opposite party is directed to deposit enhanced amount Rs.3,51,000/- along with interest at the rate of 6% from the date of award of Claims Tribunal i.e. 18.8.2004, within two months from today before the concerned Motor Accident Claims Tribunal. The claimants are entitled to withdraw the entire deposited amount without furnishing any surety. No order as to costs. Order Date :- 21.4.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad