1. Heard Sri Amit Manohar, learned counsel for the appellant-insurance company and Sri Vidya Kant Shukla, learned counsel for the respondents.
2. This appeal has been filed by the insurance company being aggrieved of award dated 27.03.2017 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 7, Kanpur Nagar in M.A.C.P. No. 644 of 2015, on three grounds namely age of the deceased was 26 years, therefore, multiplier of 17 will be applicable in place of 18, applied by learned claims tribunal. Similarly, future prospects has been awarded @ 50% whereas it will be to the tune of 40% in the light of the law laid by Hon'ble Supreme Court in case of National Insurance Company Limited Vs. Pranay Sethi and others, (2017) 16 Supreme Court Cases 680. It is further submitted that under the head of non-pecuniary compensation, a sum of Rs. 3,25,000/- (three lakhs twenty five thousand rupees) has been awarded which needs to be down scaled to Rs. 70,000/- (seventy thousand rupees) again in the light of the law laid down in case of Pranay Sethi (supra).
3. Sri Vidya Kant Shukla, in his turn, supports the award and submits that no interference is required.
4. After hearing learned counsel for the parties and going through the record, it appears that there is substance in the arguments advanced by learned counsel for the appellant. Tribunal has construed income of the deceased @ Rs. 6,000/- (six thousand rupees) per month. It has added 50% towards future prospects whereas 40% is to be added, taking monthly dependency to Rs. 8,400/- (eight thousand four hundred rupees) per month. Admittedly, there were five dependents of the deceased, therefore, 1/4th deduction is to be made from his income, taking monthly dependency to Rs. 6,300/- (six thousand three hundred rupees) or Rs. 75,600/- (seventy five thousand six hundred rupees) per annum. When multiplier of 17, as has been prescribed in case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, is applied, then total pecuniary compensation will come out to Rs. 12,85,200/- (twelve lakhs eighty five thousand two hundred 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. 13,55,200/- (thirteen lakhs fifty five thousand two hundred rupees). Learned claims tribunal has awarded Rs. 17,29,000/- (seventeen lakhs twenty nine thousand rupees), therefore, there will be reduction in the awarded amount to the tune of Rs. 3,73,800/- (three lakhs seventy three thousand eight hundred rupees) and to this extent, appeal filed by the insurance company is allowed. Other terms and conditions of the award shall remain intact.
5. Learned counsel for the appellant submits that they have deposited complete amount of compensation as was awarded by claims tribunal, therefore, claims tribunal be directed to refund the amount in proportion to which appeal has been allowed. This submission is accepted and tribunal is directed accordingly.
Order Date :- 21.1.2021 Vikram/-