Neutral Citation No. - 2025:AHC:62801 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 591 of 2005 Appellant :- Smt. Vimla @ Vimlesh And Others Respondent :- National Insurance Co. Ltd. And Others Counsel for Appellant :- Sharve Singh Counsel for Respondent :- Ashish Kumar Bhattacharya Hon'ble Vipin Chandra Dixit,J. List has been revised. Heard Sri Sharve Singh, learned counsel for the appellants, Sri Ashish Kumar Bhattacharya, learned counsel for respondent no. 1/National Insurance Co. Ltd. No one is present on behalf of respondent nos. 2 to 5. This first appeal from order has been filed on behalf of claimants-appellants for enhancement of compensation against the judgment and award dated 21.12.2004, passed by Motor Accident Claims Tribunal /Additional District Judge, court No. 3, Rampur, in M.A.C.P. No. 86 of 2004 (Smt. Vimla @ Vimlesh and others vs. National Insurance Co. Ltd. and others), by which compensation of Rs. 1,77,000/- along with 6% interest has been awarded to the claimants-respondents on account of death of Ram Kishore, who died in a road accident on 15.03.2004. It is submitted by learned counsel for the appellants that the compensation awarded by the claims tribunal is in lower side. The claimants had fully proved the income of the deceased as Rs. 6,000/- per month and the claims tribunal has erred in disbelieving the income of the deceased and had calculated the compensation accepting notional income of Rs. 15,000/- per annum. It is further submitted that the Hon'ble Apex Court in the case of Laxmi Devi & Others vs Mohammad Tabbar & Another reported in 2008 (2) T.A.C. 394 (S.C.) has provided notional income of Rs. 3,000/- per month (Rs. 36,000/- per annum) for the accident dated 12.04.2004. Lastly, it is submitted that nothing has been awarded in terms of future prospects and only Rs. 7,000/- has been awarded for non pecuniary damages, whereas, the claimants are entitled for 40% future prospects and Rs. 70,000/- for non pecuniary damages. On the other hand, learned counsel for the respondent Insurance Company submits that the compensation awarded by the claims tribunal is almost just and proper and no ground for enhancement is made out but he has not disputed the aforesaid legal grounds argued by learned counsel for appellants. Considered the submissions of learned counsel for the parties and perused the record. The claims tribunal while deciding issue no. 5 has recorded the finding that the claimants had failed to prove the income of the deceased as no documentary evidence has been filed by the claimants to prove the income of the deceased as Rs. 6,000/- per month. The income of the deceased is accepted as Rs. 3,000/- per month as per law laid down by Hon'ble Apex Court in the case of Laxmi Devi (supra). The claims tribunal has also erred in not awarding any amount towards future prospects, whereas, the claimants are entitled for 40% future prospects and Rs. 70,000/- for non pecuniary damages as per 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. In view of above, the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :- 1. Monthly Income : Rs. 3,000/- 2. Annual Income : Rs. 3,000//- 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 expenses (1/3) : Rs. 50,400/- - Rs. 16,800/- = Rs. 33,600/- 6. Multiplier applicable (17) : Rs. 33,600/- x 17 = Rs. 5,71,200/- 7. Non-pecuniary damages : Rs. 70,000/- Total : Rs. 5,71,200/- + Rs. 70,000/- = Rs. 6,41,200/- The first appeal from order is hereby partly allowed and award of the Claims Tribunal is modified and compensation is enhanced from Rs. 1,77,000/- to Rs. 6,41,200/-. The claimants-appellants are also entitled for interest at the rate of 6% on the enhanced amount from the date of award of the claims tribunal i.e. 21.12.2004. The respondent Insurance Company is directed to pay enhanced amount along with interest to the claimants within two months from today. No order as to costs. Order Date :- 24.4.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad