Mohd. Umar and Another v. T.S. Roadways Pvt. Lyd. and 2 Ors.

Court No. - 1

Case :- FIRST APPEAL FROM ORDER No. - 3553 of 2018 Appellant :- Mohd. Umar And Another Respondent :- T.S. Roadways Pvt. Lyd. And 2 Ors Counsel for Appellant :- Ram Singh,Amit Kumar Singh Counsel for Respondent :- Sushil Kumar Mehrotra,Archit Mehrotra

Hon'ble Vivek Agarwal,J.

1. Sri Ram Singh, learned counsel for the appellant. Sri S.K. Mehrotra, learned counsel for the respondent.

1. This appeal has been filed by the claimants being aggrieved by the award dated 29.5.2018 passed by learned Motor Accident Claims Tribunal/District Judge, Fatehpur in MACP No. 39 of 2018 on the ground that future prospects has not been awarded and further that under the head of non-pecuniary compensation meager amount has been awarded which needs to be enhanced suitably.

1. It is submitted that deceased was a bachelor, who died in the accident which took place on 10.11.2017. It is submitted hat Tribunal has construed income of the deceased at Rs. 3000/- per month which needs to be computed upwards suitably taking into consideration the minimum wages which were operational on the date of the accident which were to the tune of Rs. 7000/per month even for an unskilled labourer.

1. Admittedly, deceased was a bachelor, therefore, there has to be 50% deduction towards living expenses. When 40% is added towards future prospects then monthly dependency will come to Rs. 4900/- or Rs. 58800/- per annum. Multiplier of 18 will be applicable as age of the deceased was 21-years, taking total pecuniary compensation to Rs. 10,58,400/-.Over and above which claimants are entitled to a sum of Rs. 30,000/- under the head of non-pecuniary compensation taking total compensation to Rs. 10,88,400/- (Rupees Ten lakhs eighty eight thousand and four hundred only) in place of sum of Rs. 3,39,000/- awarded by the Tribunal. Therefore there will be enhancement to the tune of Rs. 7,49,400/- (Rupees Seven Lakhs forty nine thousand four hundred only) which shall also earn interest at the rate of 6% from the date of filing of the claim petition.