Neutral Citation No. - 2025:AHC:78869 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 984 of 1999 Appellant :- Bad-Shah And Others Respondent :- Ram Prakash And Others Counsel for Appellant :- Brij Raj Singh,Krishna Mohan Rai Counsel for Respondent :- Komal Mehrotra Hon'ble Vipin Chandra Dixit,J. Heard Ms. Mamta Singh, Advocate holding brief of Sri Krishna Mohan Rai, learned counsel for the appellants and Sri Komal Mehrotra, learned counsel for the Insurance Company- respondent no.3. No one is present on behalf of respondent nos. 1 and 2 who are owner and driver of the offending truck. 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 3.6.1999 passed by Additional District Judge- 1st/Motor Accident Claims Tribunal, Mainpuri in M.A.C.P. No. 80 of 1987 (Badshah and others vs. Ram Prakash and others) by which compensation of Rs.50,000/- alongwith 12% interest has been awarded to the claimants on account of death of Brahma Swarup aged about 18 years, who died in a road accident occurred on 29.09.1986. It is submitted by learned counsel for the appellants that the Claims Tribunal has erred in awarding a very less amount of compensation in favour of claimants-appellants. The age of the deceased was 18 years at the time of accident and the Claims Tribunal has awarded only Rs. 50,000/- as compensation to the claimants-appellants. On the other hand, learned counsel for Insurance Company- opposite party submits that admittedly the deceased was unmarried and was failed in Intermediate examination. No evidence regarding income has been adduced by the claimants- appellants and the Claims Tribunal has rightly assessed the compensation in favour of the claimants-appellants. Compensation is just and proper, no ground for enhancement is made out. Considered the submissions of both the parties and perused the record. Admittedly, the age of the deceased was 18 years and the Claims Tribunal has awarded only Rs. 50,000/- as a lump sum compensation to the claimant. The Claims Tribunal has erred in not assessing the just compensation as per provisions of Motor Vehicle Act and had awarded lum sum amount to the claimants without assigning any reason. The second scheduled of the Motor Vehicle Act provides Rs. 15,000/-p.a as notional income where there was no evidence of income. In the present case, the notional income of the deceased is accepted as Rs. 15,000/- p.a. The age of the deceased was 18 years, multiplier of 18 is applicable as per 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.). The claimants-appellants are also entitled for 40% future prospects and Rs. 30,000/- for non pecuniary damages as per the judgment of Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi, reported in 2017 (4) T.A.C. 673. The claimants are parents and the deceased was unmarried, the deduction would be 1/2 as per the judgment of Sarla Verma(supra). Considering the rival submissions of learned counsels for the parties, the compensation awarded by the Claims Tribunal is reassessed as below:- 1) Annual income = Rs.15,000/- 3) Future prospects (40%) = Rs.6,000/- 4) Total annual income = Rs.15,000/- + Rs.6,000/- =Rs.21,000/- 5) Deduction towards personal expenses(1/2) = Rs.21,000/- - Rs.10,500/- =Rs.10,500/- 6) Multiplier applicable (18) =Rs.10,500/- x 18 = Rs.1,89,000/- 7) Non-pecuniary damages =Rs.30,000/- Total = Rs.1,89,000/- + Rs.30,000/- = Rs.2,19,000/- In view of aforesaid discussion, the first appeal from order filed by claimants is hereby partly allowed and award of the Claims Tribunal is modified and compensation is enhanced from Rs.50,000/- to Rs.2,19,000/-. The claimants-appellants are also entitled for 4% interest on the enhanced amount from the date of award of Claims Tribunal i.e. 3.6.1999. The National Insurance Company Limited/opposite party 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. No order as to costs. Order Date :- 14.5.2025/PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad