Neutral Citation No. - 2025:AHC:90502 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 3902 of 2009 Appellant :- Smt. Shila And Others Respondent :- National Insurance Co.Ltd. And Another Counsel for Appellant :- Ashok Kumar Pandey Counsel for Respondent :- S.K. Mehrotra,S.K.Mehrotra,Sushil Kumar Mehrotra Hon'ble Vipin Chandra Dixit,J. 1. List has been revised. 2. Heard Sri Naveen Kumar, Advocate holding brief of Sri Rajesh Kumar, learned counsel for the appellants. No one is present on behalf of the respondents. 3. This first appeal from order under Section 173 of the Motor Vehicle Act, 1988 has been filed on behalf of the claimants-appellants for enhancement of compensation against the judgment and award dated 05.09.2009 passed by Additional District Judge, Court No. 10/Motor Accident Claims Tribunal, Ghaziabad in M.A.C.P. No.732 of 2005 (Smt. Shila and others vs. National Insurance Co. Ltd. and another), by which, compensation of Rs.3,19,000/- alongwith 6% interest has been awarded in favour of claimants-appellants on account of death of Binda Ram Gautam, who died in a road accident, which was occurred on 24.07.2005. 4. It is submitted by learned counsel for the claimants-appellants that compensation awarded by the Claims Tribunal is too meager. The claimants-appellants have fully proved the income of the deceased as Rs. 8,000/- per month by producing cogent evidence and the Claims Tribunal has erred in calculating the compensation accepting Rs. 1,00/- per day as income of the deceased. It is further submitted that there are seven dependents on the income of the deceased and the Claims Tribunal has erred in deducting 1/3 towards personal expenses of the deceased, whereas deduction would be 1/5 as per judgment of Hon'ble Apex Court in the case of Smt. Sarla Verma vs. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.). Lastly, It is submitted that nothing has been awarded towards future prospects and only Rs.7,000/- was awarded for non-pecuniary damages, whereas claimants are entitled for 25% future prospects and Rs.70,000/- for non-pecuniary damages, as the age of the deceased below 50 years. 5. Considering the rival submissions of learned counsel for the parties and perused the record. 6. The Claims Tribunal while deciding issue nos. 3 and 4 has recorded the finding that the claimants have failed to prove the income of the deceased as Rs. 8,000/- per month. In the present case, the accident was occurred in the year 2005 and the Claims Tribunal has accepted annual income as Rs. 3,000/- per month on relying the judgment of 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.), which provides notional income of Rs. 3,000/- per month for the accident occurred in the year 2004. The monthly income accepted by the Claims Tribunal is just and reasonable. So far as deduction is concerned, there are seven dependents on the income of the deceased, the Claims Tribunal has erred in deducting 1/3 towards personal expenses in place of 1/5 as provided by Hon'ble Apex Court in the Case of Smt. Sarla Verma (supra). The age of the deceased was accepted in between 45- 50 years, the multiplier of 13 was rightly applied by the Claims Tribunal, as per judgment of Smt. Sarla Verma (supra). The Claims Tribunal has also erred in not awarding any amount towards future prospects and only 7,000/- was awarded for non pecuniary damages where as the claimants-appellants are entitled for 25% future prospects and Rs. 70,000/- for non pecuniary damages in view of the law laid down by the Hon'ble Apex Court in the Case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017(4) T.A.C. 673. 7. 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. 3,000/- x 12 = Rs. 36,000/- 3. Future prospects : (25%) = Rs. 9,000/- 4. Total annual income : Rs. 36,000/- + Rs. 9,000/- = Rs. 45,000/- 5. Multiplier applicable : (13) = Rs. 45,000/- x 13 = Rs. 5,85,000/- 6. Non-pecuniary damages : Rs. 70,000/- Total : Rs. 5,85,000/- + Rs. 70,000/- = Rs. 6,55,000/- 8. In view of aforesaid discussion, the appeal filed by claimants-appellants is hereby allowed and award of the Claims Tribunal is modified and compensation is enhanced from Rs.3,19,000/- to Rs.6,55,600/-. The claimants-appellants are also entitled for 6% interest on enhanced amount from the date of award of Claims Tribunal i.e. 05.09.2009. 9. The National Insurance Company Limited/respondent no. 1 is directed to deposit enhanced amount along with interest 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. 10. No order as to costs. Order Date :- 27.5.2025/Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad