The main legal point established in the judgment is the entitlement of claimants for future prospects and consortium amount based on legal precedents and the adjustment of compensation and rate of interest in accordance with the legal principles.

JUDGMENT :

Heard learned Counsel for Appellants and learned Counsel for respondent No. 2.

2. Challenge in this appeal is to the judgment and award passed by the Member, Motor Accident Claims Tribunal, Ahmednagar (for short ‘the Tribunal’) in M.A.C.P. No. 4 of 2016 to the extent of enhancement of compensation amount.

3. Brief facts of the case are as under :-

On 16th September, 2015 at about 01:00 p.m. deceased Amar Bahadur Thapa was driving Honda Pleasure Scooter bearing registration No. MH-12-DN-5526 from Solapur side towards Ahmednagar side by Ahmednagar-Solapur Highway. When he reached in front of Surya computer near Wakodi Phata, one truck bearing registration No. TN-67-AF-2804 (for short ‘ offending truck’) came from backside and gave forceful dash to the scooter of deceased by which deceased fell down on road and sustained serious injuries and died on the spot. The crime against driver of offending truck was registered vide C.R.No. I-125 of 2015 under Section 304-A, 279, 337 and 338 of Indian Penal Code (for short ‘ IPC’) and Section 184, 134(A)(B)/177 of the Motor Vehicles Act (for short ‘M.V. Act’). Appellants fled Claim Petition before the Tribunal for getting compensation.

4. Considering the evidence of both the parties, the Tribunal awarded the compensation of amount of Rs.40,72,500/- along-with interest @9% p.a. from the date of fling of petition till payment of entire amount. The said judgment and order is under challenge in this appeal.

5. The learned Counsel for the appellants submits that, the Tribunal while granting compensation has not considered future prospect amount, hence requested to allow the appeal.

6. Learned Counsel for respondent No.2 submitted that, there is no pleading in the Claim Petition about granting future prospects. Considering the evidence led before the Tribunal by the appellants, the Tribunal has granted just and proper compensation hence, no interference is required and requested to dismiss the appeal.

7. I have heard both the learned Counsel. Perused judgment and order passed by the Tribunal.

8. The issue involved in this appeal is granting of future prospects. After perusal of the judgment of the Tribunal. It appears that, Tribunal has calculated monthly income of the deceased as Rs.28,500/- and at the time of accident deceased was 37 years old, therefore multiplier of 15 is applied. However, from the calculation chart, it appears that, no future prospects are awarded.

9. It is the contention of learned Counsel for respondent No.2 that, there was no pleading in the Claim Petition in respect of future prospects. It appears from the Claim Petition fled before the Tribunal that, appellants have mentioned about 50% future prospects i.e. of Rs.22,48,089/-.

10. It is contention of the learned Counsel for the appellants that, loss of consortium granted by the Tribunal is Rs.1,00,000/- which should be Rs.1,60,000/- as there are four appellants i.e. amount of Rs. 40,000/- each.

11. Admittedly, the future prospects are not granted by the Tribunal. As per view taken by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others in Special Leave Petition (Civil) No.25590 of 2014 decided on 31st October, 2017. Appellants are entitle for 50% future prospects, as deceased was in permanent employment and below 40 years of age. The Hon’ble Apex Court in the case of Magma General Insurance Company Ltd. Vs. Nanu Ram in Civil Appeal No. 9581 of 2018 decided on 18 September, 2018 reported in 2018 SCC Online SC 1546, has held that in legal parlance, “consortium” is a compendious term which encompasses ‘spousal consortium’, ‘parental consortium’, and ‘filial consortium’. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relati