1. Sri Devendra Pratap Yadav, learned counsel for the appellant.
2. As per office report, notice sent for service on respondent by registered post on 1.1.2021 has not returned unserved nor any acknowledgement has been received and also no one put in appearance.
3. On the request of this Court Sri Arvind Kumar accepts notice on behalf of New India Insurance Company Ltd.
4. This appeal has been filed by the claimants being aggrieved of award dated 27.9.2019 passed by the learned Motor Accident Claims Tribunal/ Additional District Judge, FTC-02, Allahabad. There is delay of 305 days in filing the appeal. For the reasons stated in the memo of application duly supported by an affidavit, sufficient case is made out to condone the delay; therefore, the delay is condoned.
5. On merits, learned counsel for the appellant submits that deceased was having income to the tune of Rs. 30,000/- per month. In an accident which took place on 10.12.2016 Tribunal has arbitrarily construed his income at the rate of Rs. 3000/- per month. It is submitted that this needs to be enhanced suitably in asmuch as on the date of accident minimum wages for even an unskilled labourer were to the tune of Rs. 5775/- per month and when these minimum wages are taken into consideration, there will be substantial enhancement in the compensation.
6. Sri Arvind Kumar supports the award and submits that no interference is required by the Court.
7. It is true that learned Tribunal has arbitrarily construed income of the deceased at Rs. 3000/- per month whereas it should have been construed at least at the rate of minimum wages which was Rs. 5775/- per month or Rs. 66900/- per annum on the date of accident. Admittedly, there are five dependents on the deceased i.e wife and four children. Therefore, 1/4th deduction is to be made from the expected income of the deceased taking annual dependency to Rs. 50175/-. Over and above this, 25% is to be added towards future prospects in the light of law laid down by the Supreme Court in case of National Insurance Company Limited Vs. Pranay Sethi and others as reported in (2017) 16 Supreme Court Cases 680. Therefore, total annual dependency will come out to Rs. 62718.75. Tribunal has admitted the age of the deceased to be 44-years. Therefore, multiplier of 14 will be applicable taking total pecuniary compensation to Rs. 8,78,062.50/- (Rupees Eight lakhs seventy eight thousand sixty two and fifty paise only). In addition to it claimants will be entitled to a sum of Rs. 70,000/- under the head of non-pecuniary compensation taking total compensation to Rs. 9,48,062.50 (Rupees Nine lakhs forty eight thousand sixty two and fifty paise only) as against a sum of Rs. 5,42,000/- awarded by the Tribunal. Therefore, there will be addition to the tune of Rs.4,06,062.50/- (Rupees Four lakhs six thousand sixty two and fifty paise only) to which claimants will be entitled. Other terms and conditions of the award shall remain intact.
8. In above terms, the appeal is disposed of.
Order Date :- 9.2.2021 S.K.S.