1. Heard Sri Mohd. Naushad Siddiqui, learned counsel for the appellants, Sri Santosh Kumar Singh, learned counsel for the respondent no.2.
2. This appeal has been filed by the claimants being aggrieved of the award dated 05.09.2008 passed in Claim Case No.458 of 2005 by the learned Motor Accident Claims Tribunal/ Special Judge, SC/ST Act, Kanpur Dehat on the ground that for an accident which took place on 10.06.2005, income of the deceased has been computed at Rs.15,000/- per annum, which is on a much lower scale. It is further submitted that deceased was a bachelor, aged about 19 years, therefore, multiplier of 18 should have been applied and future prospects @ 40% should have been added. Similarly, it is also submitted that since, deceased was a bachelor under the head of non-pecuniary compensation a sum of Rs.30,000/- should have been awarded, but arbitrarily Tribunal has awarded a meagre amount of 4500/- under the head of non-pecuniary compenation. It is also submitted that Tribunal has wrongly awarded interest from the date of impleadment of the Insurance Company as a party, whereas, interest should have been awarded from the date of filing of the claim petition.
3. Sri Santosh Kumar Singh, learned counsel for the respondent no.2 supports that award.
4. After hearing learned counsel for the parties and going through the record, it is apparent that minimum wages for an unskilled labour on the date of the accident were to the tune of Rs.1562.87/- per month or Rs.18,754/- per year. As deceased was a bachelor, therefore, it will be presumed that he was spending 50% of the amount on self, therefore, disposable income of the deceased will come out to Rs.9,377/- per year, on which 40% is to be added towards future prospects taking total annual dependency to Rs.13,127.80/-. When multiplier of 18 is applied, then total pecuniary compensation will come out to Rs.2,36,300/-(two lakhs thirty six thousand and three hundred). Over and above which, claimants are entitled to a sum of Rs.30,000/- under the head of non-pecuniary compensation taking total compensation to Rs.2,66,300/-(two lakhs sixty six thousand and three hundred) as against a sum of Rs.1,54,500/-(one lakh fifty four thousand and five hundred) awarded by learned Claims Tribunal. Thus, there will be enhancement to the tune of Rs.1,11,800/-(one lakh eleven thousand and eight hundred), to which claimants will be entitled.
5. The original amount awarded by the learned Claims Tribunal and the enhanced amount will carry interest @ 6% from the date of filing of the claim petition.
6. In above terms, appeal is disposed off.
Order Date :- 9.2.2021 Ashutosh