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Judgment
Sudhanshu Dhulia, J
This appeal has been filed by the appellants for enhancement of the award dated 30.07.2016 passed by the Motor Accident Claims Tribunal, District Udham Singh Nagar in MACP No.64 of 2015, whereby a compensation of Rs.4,84,000/- (Rupees Four Lakh Eighty Four Thousand only) has been awarded to the claimants.
Brief facts of the case are that on 04.01.2015, one Deepak Chandra Arya was going on his motorcycle to "Surjannagar". When he reached Kashipur-Moradabad road, where Pashupati Factory is situated, at about 10:00 AM from the side of Thakurdwara, a car bearing registration no. UK-06P-2700 which was being driven rashly and negligently by its driver dashed the motorcycle of the deceased, as a result of which, he sustained fatal injuries. He was subsequently taken to the hospital where he died. Thereafter, a claim petition was filed by the claimants on account of death of Sri Deepak Chandra Arya.
Written statements were filed by the insurance company, the driver as well as the owner of the ill fated car.
On the basis of the pleadings, the learned Motor Accident Claims Tribunal framed the following issues:-
"1. Whether on 04.01.2015 at about 10:00 AM on Kashipur-Moradabad road near Pashupati Factory, Police Station Thakurdwara, District Moradabad, the driver of the vehicle i.e. Swift Car No.UK-06P-2700 while driving the said vehicle rashly and negligently hit the son of the claimants who was going on his motorcycle, as a result of which he sustained grievous injuries and died? If yes, its effect?
Whether on the date and time of accident the driver of the vehicle involved in the accident was having valid and effective driving licence and the owner was having all the valid papers and valid insurance? If not, then its effect?
Whether the claimants are entitled to any relief, if yes then from which of the parties and to what extent?"
The learned Motor Accident Claims Tribunal while deciding issue no. 1 came to the conclusion that the accident in question occurred due to rash and negligent driving of the driver of the car and due to the said accident Sri Deepak Chandra Arya had sustained grievous injuries which resulted in his death.
So far as issue no. 2 is concerned, the learned Motor Accident Claims Tribunal came to the conclusion that the driver of the vehicle was having a valid and effective driving licence on the date and time of the accident and the owner of the vehicle were having valid papers and valid insurance.
As far as the compensation amount is concerned, the learned Motor Accident Claims Tribunal determined the monthly income of the deceased as Rs.4,500/- (Rupees Four Thousand Five Hundred only), which comes to Rs.54,000/-(Rupees Fifty Four Thousand only) per annum. Thereafter after deducting one-half from the said amount, the annual income for the purposes of compensation was calculated as Rs.27,000/- (Rupees Twenty Seven Thousand Only). The learned Tribunal thereafter applied a multiplier of 17 and calculated the compensation to the tune of Rs.4,59,000/-(Rupees Four Lakh Fifty Nine Thousand only). Apart from this, the learned Tribunal awarded a compensation of Rs.25,000/-(Rupees Twenty Five Thousand Only) towards funeral expenses. Thus the learned Tribunal awarded a total compensation of Rs.4,84,000/-(Rupees Four Lakh Eight Four Thousand only).
Aggrieved by the amount of the compensation, the appellants/claimants have filed the present appeal before this Court.
As far as deduction of one-half towards personal expenses is concerned, this has been rightly done by the learned Tribunal. This Court also does not find any fault with regard to the multiplier of 17 applied by the Tribunal considering the age of the deceased about 27 years at the time of death. To this extent, there is no anomaly in the award of the learned tribunal.
However, the learned counsel for the appellants submits that the learned Tribunal has not made any calculation for future prospects.
This contention of the learned counsel for the appellants appears to be correct.
Considering the age of the petitioner at the time of his death, this Court is of the considered opinion that the learned Tribunal ought to have considered the future income of the deceased and the claimants/appellants were liable to be given compensation under this head as well. Therefore, this Court determines 30% amount of the income of the deceased as future income, which comes to Rs. 8,100/- (30% of Rs. 27,000/-) per annum. After applying the multiplier of 17, the amount of compensation towards future income comes to Rs.1,37,700/- (Rupees One Lakh Thirty Seven Thousand Seven Hundred only) which is the additional claimants/appellants are liable to get.
The appeal is allowed. Let the learned Tribunal calculate the entire amount of compensation as per the above determination after adjusting the amount already given to the claimants, which shall be deposited by the insurance company within a period of three weeks from the date of production of a certified copy of this order, along with an interest of 7 per cent from the date of the petition. After the amount of compensation is deposited by the insurance company, let the amount be released in favour of the claimants forthwith.