1. Heard Sri Vidya Kant Shukla, learned counsel for the appellants and Sri Pawan Kumar Singh, learned counsel for the respondents.
2. This appeal has been filed by the claimants being aggrieved of award dated 23.07.2020 passed by learned Motor Accident Claims Tribunal, Kanpur Nagar in M.A.C.P. No. 865 of 2017, on two grounds namely, deceased is admittedly survived by his wife and four children, therefore, in the light of the law laid by Hon'ble Supreme Court in case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, 1/4th deduction is to be made, but learned claims tribunal has made 1/3rd deduction towards the living expenses of the deceased.
3. It is submitted that deceased was a regular permanent employee of Post Office, aged about 45 years and therefore, since he was a permanent salaried employee of Indian Post Office, looking to the age of 45 years, future prospects which is to be added to the accepted income will be 30% against which learned tribunal has added 25%, applicable to self employed persons in the light of the law laid down in National Insurance Company Limited Vs. Pranay Sethi and others, (2017) 16 Supreme Court Cases 680.
4. Sri P.K. Singh does not dispute the proposition, accordingly, award is modified as under.
5. Learned tribunal has accepted income of the deceased to be Rs. 11,400/- (eleven thousand four hundred rupees) per month, when 30% is added towards future prospects, then it will come out to Rs. 14,820/- (fourteen thousand eight hundred twenty rupees) per month or Rs. 1,77,840/- (one lakh seventy seven thousand eight hundred forty rupees) per annum. When 1/4th is deducted towards living expenses of the deceased, then annual dependency of the family will come out to Rs. 1,33,380/- (one lakh thirty three thousand three hundred eighty rupees) per annum. As per the law laid down in case of Smt. Sarla Verma (supra), since deceased was aged about 45 years 1 month on the date of the accident, multiplier of 13 will be applicable, as has been applied by learned tribunal, taking total pecuniary compensation to Rs. 17,33,940/- (seventeen lakhs thirty three thousand nine hundred forty rupees). Over and above which claimants are entitled to a sum of Rs. 70,000/- (seventy thousand rupees) under non-pecuniary heads, taking total compensation to Rs.18,03,940/- (eighteen lakhs three thousand nine hundred forty rupees) against a sum of Rs. 16,90,280/- (sixteen lakhs ninety thousand two hundred eighty rupees), awarded by learned tribunal. Over and above which claimants will be entitled to a sum of Rs. 1,38,280/- (one lakh thirty eight thousand two hundred eighty rupees) towards medical treatment of the deceased, which has been accepted by the learned tribunal. Therefore, there will be an addition of Rs. 2,51,940/- (two lakhs fifty one thousand nine hundred forty rupees), to which claimants will be entitled in addition to amount which has been awarded by the learned tribunal. Other terms and condition like interest @ 7% from the date of filing of the claim petition and appropriation will remain in tact and be applicable in the same ration to the enhanced amount, also.
6. In above terms, appeal is disposed off. Record be sent back to the learned claims tribunal.
Order Date :- 20.1.2021 Vikram/-