Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 1737 of 2020 Appellant :- Ramesh Singh Yadav And 3 Others Respondent :- Ram Kumar And 2 Others Counsel for Appellant :- Radhey Shyam
Hon'ble Vivek Agarwal,J.
1. Heard Sri Radhey Shyam, learned counsel for the appellants and Sri Vipul Kumar, learned counsel for the respondent no.2- Insurance Company.
2. This appeal has been filed by the claimants assailing the award dated 19.08.2020 passed by the learned Motor Accident Claims Tribunal, Etawah in M.A.C.P. No.429 of 2017 solely on the ground that claimants have been awarded only 40% amount towards future prospects, whereas, as per the law laid down in case of National Insurance Company Ltd. Vs. Pranay Sethi as reported 2017 (16) SCC 680 in it should have been 50%, as learned Tribunal has admitted regular employment of the deceased in S.S. Memorial Senior Secondary School, Saifai, Etawah on the post of Assistant Teacher, and which has been proved through evidence of P.W.-3-Satish Kumar.
3. This aspect is not disputed by learned counsel for the Insurance Company and, therefore, the computation of the award needs to be slightly modified in the following terms;-
4. Learned Tribunal has considered and taken income of the deceased at Rs.10,000/- (ten thousand) per month, on which a sum of Rs.4,000/- (four thousand) has been added towards future prospects. When 50% amount is added towards future prospects, then monthly income will come out to Rs.15,000/- (fifteen thousand) in place of 14,000/-(fourteen thousand) computed by learned Claims Tribunal. Therefore, annual dependency will be Rs.1,80,000/-(one lakh and eighty thousand) in place of 1,68,000/-(one lakh and sixty eight thousand) computed by the learned Claims Tribunal. When multiplier of 17 as has been applied by learned Claims Tribunal is applied, then total pecuniary compensation will be to the tune of Rs.30,60,000/-(thirty lakhs and sixty thousand) in place of 28,56,000/-(twenty eight lakhs and fifty six thousand). Thus, there will be enhancement of Rs.2,04,000/-(two lakhs and four thousand). Thus, in place of compensation awarded by learned Claims Tribunal to the tune of Rs.29,06,000/-(twenty nine lakhs and six thousand), the total net compensation will be Rs.31,10,000/-(thirty one lakhs and ten thousand).
5. Accordingly, award is modified. Other terms and conditions of the award shall remain intact.
6. In above terms, appeal is disposed off.
Order Date :- 6.1.2021 Ashutosh