Neutral Citation No. - 2025:AHC:59479 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2493 of 2002 Appellant :- Jameel Ahmad And Others Respondent :- Kanhaiya Lal Jaiswal And Others Counsel for Appellant :- Komal Mehrotra Counsel for Respondent :- S.K. Singh,Ajay Singh,Dinesh Pathak Hon'ble Vipin Chandra Dixit,J. Heard Sri Achintya Kumar, learned counsel for the appellants and Sri Ajay Singh, learned counsel appearing on behalf of respondent Insurance Company. No one is present on behalf of respondent no. 1/owner of the vehicle. This first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 31.08.2002, passed by Motor Accident Claim Tribunal/Additional District Judge, Court No. 1, Varanasi, in M.A.C.P. No. 100 of 2000 (Jameel Ahmad and another vs. Kanhaiya Lal Jaiswal and another) by which compensation of Rs. 1,55,000/- along with 9% interest has been awarded by the claims tribunal. It is submitted by learned counsel for the claimants-appellants that the compensation awarded by the claims tribunal is in lower side. It is further submitted that in the present case accident was occurred on 26.01.2000 and the claims tribunal has erred in accepting the income of the deceased as Rs. 15,000/- per annum, whereas 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. It is further submitted that the claims tribunal has also erred in applying the multiplier of 15 accepting the age of the deceased in between 21 to 25 years, whereas, the 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.) has provided the multiplier of 18 for the age group of 21 to 25 years. Lastly, it is submitted that nothing has been awarded by the claims tribunal in terms of future prospects and only Rs. 15,000/- has awarded for non pecuniary damages, whereas, the Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673 has provided 40% future prospects for the age below 40 years and Rs. 15,000/- for loss of estate and Rs. 15,000/- for funeral expenses. Learned counsel appearing on behalf of Insurance Company has not disputed the aforesaid legal position. He further submits that since the deceased was bachelor, the claims tribunal has erred in deducting Rs. 6,250/- towards personal expenses, whereas, as per law laid down by Hon'ble Apex Court in the case of Smt. Sarla Verma (supra), deduction would be 1/2. Considering the rival submissions of learned counsel for the parties, the present first appeal from order is partly allowed and 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 (1/2) : Rs. 50,400/- - Rs. 25,200/- = Rs. 25,200/- 6. Multiplier applicable (18) : Rs. 25,200/- x 18 = Rs. 4,53,600/- 7. Non-pecuniary damages : Rs. 30,000/- Total : Rs. 4,53,600/- + Rs. 30,000/- = Rs. 4,83,600/- In view of above discussion, the Appeal is hereby partly allowed and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs. 1,55,000/- to Rs. 4,83,600/-. 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. 31.08.2002. 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 :- 21.4.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad