Neutral Citation No. - 2025:AHC:65446 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 3288 of 2004 Appellant :- Harpal Singh And Others Respondent :- U.P.S.R.T.C. Thru. Regional Manager Counsel for Appellant :- ,Satya Deo Ojha Hon'ble Vipin Chandra Dixit,J. Heard Sri Satya Deo Ojha, learned counsel for the appellants and Sri Sanjeev Kumar Yadav, learned counsel for respondent- U.P.S.R.T.C. This first appeal from order has been filed by the appellants- claimants under Section 173 of Motor Vehicle Act, 1988 for enhancement of compensation against the judgment and award dated 14.9.2004 passed by Motor Accident Claims Tribunal/Special Judge (A.C.), Meerut, in M.A.C.P. No. 231 of 2003 (Sri Harpal Singh and others vs. U.P.S.R.T.C) awarding compensation of Rs.5,30,000/- along with 6% interest to the claimants on account of death of Satish Kumar, aged about 39 years, who died in a road accident on 28.03.2003. It is submitted by learned counsel for the appellants that a very meager amount has been awarded in favour of claimants- appellant by the Claims Tribunal. The Claims Tribunal has not awarded any amount in terms of future prospects and only Rs.50,000/- for non pecuniary damages was awarded, whereas the claimants are entitled for 25% future prospects and Rs.70,000/- for non pecuniary damages in view of law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017(4) T.A.C. 673. It is further submitted that Claims Tribunal has also erred in deducting 1/3rd for personal expenses, whereas there are five dependents and as such, deduction would be 1/4th in view of 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.). Lastly, it is submitted by learned counsel for appellants that the age of deceased was 40 years and the Claims Tribunal has erred in applying the multiplier of '12' whereas it should be '15' in view of Table provided in the case of Sarla Verma(supra). No other ground was argued by learned counsel for the appellant. On the other hand, learned counsel appearing on behalf of the respondent UPSRTC submits that the compensation awarded by the Claims Tribunal is almost just and proper and no ground for enhancement is made out. Learned counsel for the respondent has not disputed the legal grounds as argued by the learned counsel for the appellant. Considering the submissions of the learned counsel for the parties and perused the record. As per claim petition the age of the deceased was 39 years and the Claims Tribunal has accepted the age of the deceased as 40 years at the time of accident but had applied multiplier of 12 whereas, the Hon'ble Apex Court in the case of Sarla Verma (supra) has provided multiplier of 15 for the age group of 36-40 years. The Claims Tribunal has also erred in deducting 1/3rd toward personal expenses ignoring the fact that there are five dependents on the income of the deceased and deduction would be 1/4th in view of the law laid down by the Hon'ble Apex Court in the case of Sarla Verma (supra). The Claims Tribunal has also erred in not awarding any amount towards future prospects and only Rs.50,000/- for non pecuniary damages was awarded, whereas the claimants- appellants are entitled for 25 % future prospects and Rs.70,000/- for non pecuniary damages as per the judgment of Pranay Sethi(supra). In view of the above, the compensation awarded by the Claims Tribunal is reassessed as below:- 1) Monthly income = Rs.5,000/- 2) Annual income = Rs. 5,000/- X 12 =Rs.60,000/- 3) Future prospects (25%) = Rs.15,000/- 4) Total annual income = Rs.60,000/- + Rs.15,000/- =Rs.75,000/- 5) Deduction towards personal expenses(1/4th) = Rs.75,000/- - Rs.18,750/- =Rs.56,250/- 6) Multiplier applicable (15) =Rs.56,250/- x 15 = Rs.8,43,750/- 7) Non-pecuniary damages =Rs.70,000/- Total = Rs.8,43,750/- + Rs.70,000/- = Rs.9,13,750/- In view of aforesaid discussion, the appeal filed by claimants- appellants is hereby partly allowed and award of the Claims Tribunal is modified and compensation is enhanced from Rs.5,30,000/- to Rs.9,13,750/-. The claimants-appellants are also entitled for six per cent interest on enhanced amount from the date of judgment and award of Claims Tribunal i.e. 14.09.2004. The respondent-U.P.S.R.T.C is directed to deposit enhanced amount Rs.3,83,750/- 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 :- 28.4.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad