1. None for the appellant even when the list is revised. Sri S.K. Mehrotra, learned counsel for respondent no. 3 is present.
2. This appeal has been filed by the claimants being aggrieved of award dated 16.08.2019 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 7, Agra in Claim Case No. 266 of 2017 on the ground that accident took place on 17.02.2017, when deceased Harveer Singh was travelling in trailer no. MP 07 HB 3430 as additional driver.
3. According to the claimants/appellants, income of the deceased was Rs. 12,000/- (twelve thousand rupees), besides which he as drawing daily allowance @ Rs. 300/- (three hundred rupees) per day. But tribunal has arbitrarily computed income of the deceased at Rs. 3,000/- (three thousand rupees) per month, which is on the lower side.
4. Sri Mehrotra submits that except for this aspect, computation under another heads like future prospects @ 40%, multiplier of 18 and award of non-pecuniary compensation to the extent of Rs. 30,000/- (thirty thousand rupees) is just and correct and does not call for any interference. He further submits that in absence of any documentary evidence to prove the income, tribunal has not erred in computing income of the deceased at Rs. 3,000/- (three thousand rupees) per month.
5. After hearing learned counsel for the respondent and perusing the record, as is available before this Court, even minimum wages for an unskilled labourer on the date of the accident were to the tune of Rs. 7,400/- (seven thousand four hundred rupees) per month. 50% is deducted as living expenses of the deceased, who was admittedly, a bachelor, then monthly dependency will be Rs. 3,700/- (three thousand seven hundred rupees). As deceased was aged about 21 years, therefore, there will be an addition of 40% towards future prospects as made by the learned tribunal, taking total monthly dependency to Rs. 5,180/- (five thousand one hundred eighty rupees) per month or Rs. 62,160/- (sixty two thousand one hundred sixty rupees) per annum. Multiplier of 18 applicable as per the law laid down in case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, therefore, total pecuniary compensation will come out to Rs. 11,18,880/- (eleven lakhs eighteen thousand eight hundred eighty rupees). Over and above of which, claimants are entitled to a sum of Rs. 30,000/- (thirty thousand rupees) as awarded by learned tribunal under the head of non-pecuniary compensation, taking total compensation to Rs. 11,48,880/- (eleven lakhs forty eight thousand eight hundred eighty rupees) against a sum of Rs. 4,83,600/- (four lakhs eighty three thousand six hundred rupees) awarded by learned tribunal. Therefore, there will be an addition of Rs. 6,65,280/- (six lakhs sixty five thousand two hundred eighty rupees) to which claimants will be entitled in addition to the amount awarded by the learned tribunal. This additional amount will also carry interest @ 7% per annum from the date of filing of the claim petition. Other terms and conditions of the award like appropriation of compensation etc., shall remain intact.
6. In above terms, appeal is disposed off. Record of the tribunal be sent back.
Order Date :- 29.1.2021 Vikram/-