Shri Sunil Kumar Mishra, learned counsel for U.P.S.R.T.C. and Shri Raghuvansh Chandra, learned counsel for claimants.
This appeal has been filed by the appellant being aggrieved of the award dated 17.12.2004 passed by learned Motor Accident Claims Tribunal/ District Judge, Court No.17, Meerut in M.A.C.P. No.644 of 2003 by the U.P.S.R.T.C.
This appeal has been filed by the insurance company on the sole ground that without determining the age of the deceased multiplier of 17 has been applied in an arbitrary and illegal manner. It is submitted that it was necessary for the claimants to have produced proof of age and Tribunal has been swayed by the fact that deceased was an Advocate.
Learned counsel for the claimant submits that future prospects is not awarded. After hearing learned counsel it appears that, this argument is factually incorrect inasmuch as while deciding issue no.5 Tribunal has recorded a fact that as per the High School Certificate age of the deceased was 33 years. Therefore, this argument put forth by the learned counsel for the appellant that without making any mention of the age of the deceased, learned Tribunal has applied multiplier is factually incorrect and demonstrates that appellant has not bothered to go through the memo of appeal and impugned order before filing this appeal. However, the fact of the matter is that in the light of the law laid down in case of Smt. Sarla Verma and other vs. Delhi Transport Corporation and another (2009) 6 SCC 121 in place of multiplier of 17 multiplier 16 will be applicable. As far as deduction is concerned it is correct, therefore, when multiplier of 16 is applied then taking income of the deceased as Rs.55,530/-, there will be deduction of Rs.18,510/- towards living expenses of the deceased, leaving disposable income @ Rs.37,020/-. When 40% is added towards future prospects, it will be Rs.51,828/-. On application of multiplier of 16 total pecuniary compensation will come out to Rs.8,29,248/-, over and above which claimants are entitled to a sum of Rs.70,000/- taking total compensation to Rs.8,99,248/- (rupees eight lakhs ninety nine thousand two hundred and forty eight only) against a sum of Rs.6,69,666/- (rupees six lakhs sixty nine thousand six hundred and sixty six only) awarded by learned claims Tribunal, thus there will be enhancement to the tune of Rs.2,29,582/- (rupees two lakhs twenty nine thousand five hundred and eighty two only). These amounts of compensation will carry interest @6% from the date of filing of claim petition.
In above terms, appeal is disposed of.
Order Date :- 9.2.2021 VS