PHOOLMATI DEVI Vs. ANDUL RAHIM

JUDGEMENT

(1.) Heard Sri Vashistha Tiwari, learned counsel for appellants, Sri K.S. Chaudhary, learned counsel appearing on behalf of respondent no.2 National Insurance Company Limited. No one is present on behalf of respondent no.1, who is owner of the vehicle.

(2.) The present first appeal from order has been filed by the claimantsappellants for enhancement of compensation against the judgment and award dtd. 18/9/2003 passed by Motor Accident Claims Tribunal/District Judge, Deoria in M.A.C.P. No.290 of 1999 (Smt. Foolmati Devi and another Vs. Abdul Rahim and another), by which the claim petition filed by claimants-appellants was partly allowed and the compensation of Rs.4,25,000.00 along with 9% interest has been awarded to the claimantsappellants on account of death of Ram Briksha Yadav in a road accident occurred on 18/12/1998.

(3.) It is submitted by learned counsel for claimants-appellants that the deceased was a permanent employee of State Bank of India, Deoria and was getting salary of Rs.16,000.00 per month. The Claims Tribunal had erred in awarding a very less amount of compensation. The age of the deceased was accepted 57 years 6 months by the Claims Tribunal but had erred in applying the multiplier of 8 instead of 9. Nothing has been awarded towards future prospects and only Rs.7,000.00 was awarded for nonpecuniary damages whereas the claimants-appellants are entitled for 15% future prospects and Rs.70,000.00 for non-pecuniary damages as per law laid down by the Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in 2017(4) T.A.C. 673. Lastly, it is submitted that claimants-appellants had proved the income of the deceased Rs.13,904.00 per month and the Claims Tribunal had erred in taking the round figure as Rs.13,500.00 instead of Rs.14,000.00. The Claims Tribunal had committed illegality in calculating the compensation by applying split multiplier by taking total salary for 2 years and 8 months and Rs.2,000.00 per month for a period of 5 years and 4 months. No other ground has been pressed by the learned counsel for the claimantsappellants.