1. Heard Sri Prakhar Tandon, learned counsel for the appellants and Sri Mritunjay Mohan Sahai, learned counsel for the respondents
2. This appeal has been filed by the claimants being aggrieved of the award dated 28.07.2012 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 10, Kanpur Nagar in Claim Case No. 1072 of 2009, on the ground that learned tribunal has arbitrarily taken income of the deceased Hardev Singh at Rs. 15,000/- (fifteen thousand rupees) per annum for an accident which took place on 04.06.2009. It is submitted that even if minimum wages for an unskilled labourer would have been taken into consideration, then computation of income would have been on a much higher side.
3. Sri Mritunjay Mohan Sahai opposes the prayer.
4. After hearing learned counsel for the parties and going through the record available, it is apparent that there is no denying to the fact that on the date of the accident, minimum wages for an unskilled labourer were to the tune of Rs. 3,372/- (three thousand three hundred seventy two rupees) per month or Rs. 40,464/- (forty thousand four hundred sixty four rupees) per annum. As deceased is survived by three legal heirs, 1/3rd deduction is to be made, therefore, there will be deduction of Rs. 13,488/- (thirteen thousand four hundred eighty eight rupees) towards living expenses of the deceased, taking total dependency of the claimants to Rs. 26,976/- (twenty six thousand nine hundred seventy six rupees) per annum. Deceased was aged about 45 years, therefore, there will be an addition of 25% towards future prospects, taking total dependency to Rs. 33,720/- (thirty three thousand seven hundred twenty rupees) per annum. As per the law laid down in Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, multiplier of 14 will be applicable in place of 15, applied by learned tribunal, taking total pecuniary compensation to Rs. 4,72,080/- (four lakhs seventy two thousand eighty rupees). Over and above which, claimants are entitled to a sum of Rs. 70,000/- (seventy thousand rupees) under the head of non-pecuniary compensation, taking total compensation to Rs. 5,42,080/- (five lakhs forty two thousand eighty rupess) against a sum of Rs. 1,57,000/- (one lakh fifty seven thousand rupees) awarded by learned tribunal. Therefore, there will be an addition of Rs. 3,85,080/- (three lakhs eighty five thousand eighty rupees), which will also earn interest @ 6% from the date of filing of the claim petition.
5. In above terms, appeal is disposed off.
6. At this stage, prayer of Sri Prakhar Tandon, learned counsel for the appellants to enhance the rate of interest is rejected, as rate of interest is discretionary and cannot be claimed as a matter of right.
Order Date :- 4.2.2021 Vikram/-