ANJU VERMA Vs. SAMEER SHARMA

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants for enhancement of com- pensation against the impugned judgment and award dtd. 29/7/2016 passed by Babita Rani, Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Saharanpur in M.A.C.P. No. 159 of 2014 (Smt. Anju Verma and others v. Sameer Sharma and others), whereby in a claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988, for the untimely death of Himanshu Verma on 26/6/2014, in a motor accident that occurred on 16/6/2014, a compensation of 21,93,216/- alongwith interest @ 7% per annum has been awarded to claimants, which has been ordered to be indemnified by the insurer of the of- fending Bus No. UP-11-AT-0178.

(2.) Since there is no cross-appeal by driver, owner and insurer of the of- fending bus, as such, the factum of accident and negligence of the offending bus are not being disputed by the respondents.

(3.) Learned counsel for the claimants submitted that the tribunal has awarded less amount of compensation because the deceased was working as a Recovery Executive in MF Process and Solution Private Ltd. Dehradun and was drawing annual salary of 2,62,404/- but the tribunal has assessed the compensation by taking monthly salary of 16,845/-. It was further submitted that since the deceased was aged below 40 years on the date of accident, as such, the claimants were entitled to get compensation for future prospects at the rate of 50% in accordance with Rule 220-A of the U.P. Motor Vehicle Rules, 1998 but the tribunal has not awarded any compensation towards the future prospects. He further submitted that the tribunal has awarded less amount of compensation towards loss of consortium, loss of estate and funeral expenses. It was further submitted that the average salary of the deceased preceding six months from the date of accident be taken for assessing the compensation.