Neutral Citation No. - 2025:AHC:80728 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 3072 of 2010 Appellant :- Jila Jeet Maurya Respondent :- Amar Nath Singh Maurya And Another Counsel for Appellant :- Amit Kumar Sinha,Deepali Srivastava Sinha Counsel for Respondent :- Maiku Lal Maurya,Mohan Srivastava,Santosh Kumar Singh Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri Amit Kumar Sinha, learned counsel for the appellant, Sri Ashok Kumar Singh, learned counsel appearing for respondent no. 1 and Sri Mohan Srivastava, learned counsel for respondent no. 2. 2. This first appeal from order under Section 173 of the Motor Vehicle Act, 1988 has been filed on behalf of the claimant-appellant for enhancement of compensation against the judgment and award dated 06.08.2010 passed by Additional District Judge, Court No. 16/ Motor Accident Claims Tribunal, Allahabad in M.A.C.P. No.539 of 2007 (Jila Jeet Maurya vs. Amar Nath Singh Maurya and another), by which, compensation of Rs. 3,23,800/- alongwith 6% interest has been awarded to the claimant-appellant on account of injuries received by him in a motor accident occurred on 04.04.2007. 3. It is submitted by learned counsel for the appellant that the claimant-appellant had received grievous injury in the accident occurred on 04.04.2007. He submits that nothing has been awarded towards future prospect whereas claimant-appellant is entitled for 40% future prospect. The claims Tribunal has also erred in applying the multiplier of 17 accepting the age of claimant as 24 years whereas the multiplier of 18 would be applicable 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.). Learned counsel for the appellant has not disputed the income as well as medical expenses as assessed by the Claims Tribunal. 4. Learned counsel appearing on behalf of respondent Insurance Company submits that the compensation awarded by Claims Tribunal is almost just and proper and no ground for enhancement is made out. 5. Considering the submissions of learned counsel for the parties and perused the record. 6. As per claim petition, the claimant was aged about 24 years having income of Rs. 4,000/- per month. The claimant has failed to prove his income by producing cogent evidence and the Claims Tribunal has rightly assessed the income of Rs. 3,000/- per month for the accident of year 2007. The claimant is also entitled for 40% future prospect in view of judgment of Hon'ble Apex Court in the case of Syed Sadiq vs. Divisional Manager, United India Ins. Co., 2014 Supreme (SC) 34. The Claims Tribunal has also erred in applying multiplier of 17 whereas the age of the claimant was 24 years and as such the multiplier by 18 would be applicable as per judgment of Hon'ble Apex Court in the case of Smt. Sarla Verma (supra). The Claims Tribunal has rightly assessed 40% loss of earning on relying disability certificate, which discloses 40% disability. Looking the nature of injuries as well as disability, the non pecuniary damages is assessed Rs. 30,000/- in place of 10,000/- as awarded by Claims Tribunal. 7. In view of aforesaid discussion, the quantum of compensation has been 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. Loss of earning capacity (40%) : Rs. 20,160/- 6. Multiplier applicable : (18) = Rs. 20,160/- x 18 = Rs. 3,62,880/- 7. Loss of future income : Rs. 3,62,880/- 8. Medical expenses : Rs. 69,000/- 9. Non-pecuniary damages : Rs. 30,000/- Total : Rs. 3,62,880/- + Rs. 69,000/- + Rs. 30,000/- = Rs. 4,61,880/- 8. The first appeal from order is partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs. 3,23,800- to Rs. 4,61,880/-. The claimant appellant is also entitled for interest at the rate of 6% on the awarded amount from the date of award of Claims Tribunal i.e. 06.08.2010. 9. The New India Insurance Company Ltd./respondent no. 2 is directed to pay enhanced amount alongwith interest to the claimant appellant within two months from today. 10. No order as to costs. Order Date :- 15.5.2025/Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad