1. Heard Sri A.T. Pandey, learned counsel for appellants and Sri Saurabh Srivastava, learned counsel for respondents.
2. This appeal has been filed by the claimants being aggrieved of award dated 05.12.2016 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Aligarh in MACP No. 740 of 2010, on three grounds, firstly, deceased was aged about 20 years, therefore, multiplier of 18 will be applicable in place of 17. Secondly, tribunal has not awarded any amount under the head of future prospects, which is to be added to the extent of 40%. Thirdly, income of the deceased was proved by PW3 at Rs. 3,950/- (three thousand nine hundred fifty rupees) per month, but tribunal arbitrarily construed previous salary slip, showing salary of Rs. 3,473/- (three thousand four hundred seventy three rupees) per month and after making deductions took Rs. 2,836/- (two thousand eight hundred thirty six rupees) only towards computation of the income.
3. Sri Saurabh Srivastava supports the award.
4. After hearing learned counsel for the parties and going through the record, it is true that income of the deceased has been proved at Rs. 3,950/- (three thousand nine hundred fifty rupees) per month on the date of the accident i.e., 21.11.2010, when taken into consideration, then taking 50% amount being spent by the deceased as his living expenses, actual dependency of the family will come out to Rs. 1,975/- (one thousand nine hundred seventy five rupees) per month or 23,700/- (twenty three thousand seven hundred rupees) per annum. There will be an addition of 40% towards future prospects, taking annual dependency to Rs. 33,180/- (thirty three thousand one hundred eighty rupees). Multiplier of 18 will be applicable in the light of the law laid down in Smt. Sarla Verma and others vs. Delhi Transport Corporation and Another; (2009) 6 SCC 121, taking total pecuniary compensation to Rs. 5,97,240/- (five lakhs ninety seven thousand two hundred forty rupees). Over and above which, claimants are entitled to a sum of Rs. 30,000/- (thirty thousand rupees), taking total compensation to Rs. 6,27,240/- (six lakhs twenty seven thousand two hundred forty rupees). However, tribunal has recorded a finding of contributory negligence of the deceased-Devendra Singh and has apportioned that portion of contributory negligence in the ratio of 20:80 between Devendra Singh and the driver of the offending vehicle. Therefore, out of the head of pecuniary compensation, wherein this court has awarded a sum of Rs. 5,97,240/- (five lakhs ninety seven thousand two hundred forty rupees), claimants will be entitled to only a sum of Rs. 4,77,792/- (four lakhs seventy seven thousand seven hundred ninety two rupees) plus a sum of Rs. 30,000/- (thirty thousand rupees) under the head of non-pecuniary compensation, taking total admissible compensation to Rs. 5,07,792/- (five lakhs seven thousand seven hundred ninety two rupees) in place of 2,35,018/- (two lakhs thirty five thousand eighteen rupees) awarded by learned tribunal. Thus, there will be an addition of Rs. 2,72,774/- (two lakhs seventy two thousand seven hundred seventy four rupees) to which claimants will be entitled. This additional amount will also carry interest @ 7% per annum from the date of filing of the claim petition.
5. In above terms, appeal is allowed and is disposed off.
Order Date :- 9.2.2021 Vikram/-