Neutral Citation No. - 2025:AHC:62007 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 3758 of 2007 Appellant :- Jagdish Prasad Respondent :- Atma Singh And Others Counsel for Appellant :- R.O.V.S. Chauhan Counsel for Respondent :- Amaresh Sinha Hon'ble Vipin Chandra Dixit,J. List has been revised. Heard Sri R.O.V.S. Chauhan, learned counsel for the appellants and Sri Anubhav Sinha, Advocate holding brief of Sri Amresh Sinha, learned counsel for the Insurance Company-respondent no.4. No one is present on behalf of respondent nos. 1 to 3. 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 11.9.2007 passed by Special Judge (E.C.Act)/Motor Accident Claims Tribunal, Etawah in M.A.C.P. No. 23 of 2001 (Jagdish Prasad vs. Atma Singh and others) by which compensation of Rs.2,01,500/- along-with 6% interest has been awarded to the claimants-appellant on account of death of his wife Smt. Shail Kumari aged about 37 years and 50% liability has been fixed upon respondent no. 4 and remaining 50% upon respondent nos. 1 and 3. It is submitted by learned counsel for the appellant that the Claim Tribunal has erred in awarding a very meager amount of compensation in favour of claimants-appellants. It is further submitted by learned counsel for the appellant that claimant appellant has fully proved the income of the deceased as Rs. 4320/-p.m and Claims Tribunal has erred in accepting Rs. 3000/- as monthly income of the deceased. It is further submitted that nothing has been awarded towards future prospects and only Rs. 9,500/- was awarded for non pecuniary damages, where as the claimant-appellant is entitled for 40% 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. It is submitted that Claims Tribunal has also erred in deducting 2/3rd amount on account of personal expenses of the deceased whereas deduction would be 1/2 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 and has submitted that claimant-appellant has failed to prove the income of the deceased by producing cogent evidence and Claims Tribunal has rightly assessed the monthly income as Rs. 3000/- p.m. It is further submitted that the age of the deceased was 37 years and the Claims Tribunal has erred in applying the multiplier of 16 where as appropriate multiplier would be 15 as per judgment of Sarla Verma (supra). Considered the submissions of the learned counsel for the parties and perused the record. The Claims Tribunal while deciding issue no. 7 has recorded the finding that the claimant-appellant has failed to prove the income of the deceased as no appointment letter has been produced by claimant-appellant. The Claims Tribunal has rightly assessed the notional income of the deceased as Rs. 3000/- as the accident occurred in the year 2000. The Claims Tribunal has committed illegality in deducting 2/3rd towards personal expenses in place of 1/2 as per the judgment of Apex Court in the case of Sarla Verma (supra). The Claims Tribunal has also erred in not awarding any amount towards future prospects and the multiplier was also wrongly applied as 16 in place of 15. 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.3,000/- 2) Annual income = Rs. 3000/- X 12= Rs.36,000/- 3) Future prospects (40%) = Rs.14,400/- 4) Total annual income = Rs.36,000/- + Rs.14,400/- =Rs.50,400/- 5) Deduction towards personal expens es(1/2th) = Rs.50,400/- - Rs.25,200/- =Rs.25,200/- 6) Multiplier applicable (15) =Rs.25,200/- x 15 = Rs.3 ,78,000/- 7) Non-pecuniary damages =Rs.70,000/- Total = Rs.3,78,000/- + Rs.70,000/- = Rs.4,48,000/- 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.2,01,500/- to Rs.4,48,000/-. The claimant is also entitled for interest on enhanced amount at the rate of 6% from the date of award of Claims Tribunal. The National Insurance Company Limited/opposite party is directed to deposit 50% of the enhanced amount along with interest at the rate of 6% and rest 50% with 6% interest shall be deposited by respondent nos. 1 and 3, 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 :- 22.4.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad