1 Neutral Citation No. - 2025:AHC:83667 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 1073 of 1999 Appellant :- Jai Kant Singh Respondent :- New India Assurance Co. Ltd. And Another Counsel for Appellant :- Rakesh Kumar Porwal Counsel for Respondent :- Syed Ali Murtaza Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri R.K. Porwal, learned counsel for appellant and Sri Syed Ali Murtaza, learned counsel appearing for respondent no.1 New India Assurance Company Limited. No one is present for respondent no.2, who is owner of the vehicle. 2. The present first appeal from order has been filed by the claimant-appellant under Section 173 of Motor Vehicle Act, 1988 for enhancement of compensation against the judgment and award dated 25.5.1999 passed by Motor Accident Claims Tribunal/IXth Additional District Judge, Etawah in M.A.C.P. No.561 of 1996 (Jai Kant Singh Vs. Pankaj Tiwari and another ) by which the claim petition filed by claimant-appellant was partly allowed and the compensation of Rs.2,00,000/- along with 10% interest has been awarded to the claimant-appellant on account of injury received by him in a road accident occurred on 21.11.1996. 3. It is submitted by learned counsel for claimant-appellant that compensation awarded by the Claims Tribunal is too meager. The claimant-appellant had received grievous injuries in the accident and lost his right eye. It is further submitted that the claimant-appellant 2 had passed M.Sc. in 1st division from Allahabad University and was a good player of table tennis and his future was very bright. The Claims Tribunal had erred in accepting Rs.15,000/- per annum as notional income of the claimant. The age of the claimant-appellant was 20 years at the time of accident and the Claims Tribunal has erred in applying the multiplier of 15 in place of 18. Lastly, it is submitted that nothing has been awarded towards future prospects. Claimant- appellant had spent Rs.1.25 Lac in his treatment and the Claims Tribunal had erred in awarding only Rs.20,000/- for medical expenses. Lastly, it is submitted that the claimant-appellant had received grevious injuries in the accident and lost his right eye but only Rs.10,000/- has been awarded for pain and suffuering and Rs.10,000/- for disfigure of face. No other ground has been pressed by learned counsel for the appellant. 4. On the other hand, learned counsel appearing on behalf of respondent Insurance company submits that the claimant had failed to prove his income by producing evidence. There was no documentary evidence before the Claims Tribunal regarding income of the claimant. The accident was occurred in the year 1996 and the Claims Tribunal has rightly assessed Rs.15,000/- per annum as notional income of the claimant. It is further submitted that the Claims Tribunal had awarded just compensation to the claimant and no ground for enhancement is made out. 5. Considered the submissions of learned counsel for the parties and perused the record. 6. Admittedly, there was no evidence regarding income of the claimant-appellant and the Claims Tribunal has rightly assessed Rs.15,000/- as notional income as the accident was occurred in the year 1996. The Claims Tribunal has erred in applying the multiplier of 15 accepting the age of claimant as 20 years, whereas as per judgment 3 of Hon’ble Apex Court in the case of Smt. Sarla Verma Vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677, the appropriate multiplier would be 18. The claimant-appellant is also entitled for 40% future prospects in view of law laid down by Hon’ble Apex Court in the case of Syed Sadiq and others Vs. Divisional Manager, United India Insurance Company Limited, (2014) 2 SCC 735. The medical expenses as well as compensation for pain and suffering are also inadequate and against the evidence which are available on record. 7. In view of above, the judgment and award of Claims Tribunal is modified and the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :- 1. Annual Income : = Rs.15,000/- 2. Future prospects : (40%) = Rs.6,000/- 3. Total annual income : = Rs.15,000/- + Rs.6,000/- = Rs.21,000/- 4. Loss of earning (40%) : = Rs.8,400/- 5. Multiplier applicable (18) : = Rs.8,400/- x 18 = Rs.1,51,200/- 6. Medical expenses : = Rs.30,000/- 7. Pain and suffering: = Rs.20,000/- 8. Travelling allowance : = Rs.5,000/- 9. Loss of amenities of life : = Rs.20,000/- 10. Disfigure of face : = Rs.20,000/- 11. Travelling allowances : = Rs.5,000/- Total = Rs.1,51,200/- + Rs.30,000/- + Rs.20,000/- + Rs.5,000/- + Rs.20,000/- + Rs.20,000/- + Rs.5,000/- = Rs.2,51,200/- 8. In view of aforesaid discussion, the appeal filed by claimant- appellant is hereby partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs.2,00,000/- to Rs.2,51,200/-. The claimant-appellant is also entitled for interest at the rate of 6% from the date of award of Claims Tribunal i.e. 25.5.1999. 4 9. The New India Assurance Company Limited/respondent no.1 is directed to pay enhanced amount along with interest to the claimant- appellant, within two months from today. 10. No order as to costs. Order Date :-19.05.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad