The court established that the appropriate multiplier for compensation must reflect the deceased's age, and future prospects should be included in compensation calculations as per established legal precedents.

JUDGMENT :

Sunil Dutta Mishra, J.

Heard Learned counsel for the appellants and learned counsel for the respondent nos.3 & 4 /Insurance Company.

2. This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act of 1988”) on behalf of the claimants for enhancing the compensation amount awarded to claimants/appellants by the learned Additional District Judge-I-cum-M.A.C.T, Bhagalpur (hereinafter referred to as “Learned Tribunal”) vide judgment dated 16.12.2017 and award dated 16.01.2018 passed in Claim Case No.196 of 2015 (Trial No.62 of 2016).

3. The facts, in brief, are that Dilkhush Kumar, who was the son of the claimants/appellants died in motor accident on 28.07.2015 at 10:30 a.m. near Pakhariya village, Prvauti Dharmkanta, Main Road, Pirpathi P.S., District Bhagalpur by the offending Truck bearing Registration No.BR-10GA-4025. It is alleged that the driver of the offending vehicle was driving it rashly and negligently. Respondent no.1 is the owner and respondent no.2 is the driver of the offending vehicle and respondent nos.3 and 4 are officials of National Insurance Company Limited. It is claimed by the appellants that the deceased aged about 18 years having income of Rs.10,000/-per month was employed as seller of pant and shirt. The deceased was unmarried and the appellants were dependents on him.

4. Respondent nos.3 and 4 appeared in the case and denied the claim stating that since the deceased was 18 years old and he was not an earning member, the claims of the claimants/appellants are excessive.

5. After hearing the parties the learned Tribunal allowed the claim of the claimants and the Insurance Company has been directed to pay Rs.5,03,700/-within sixty days from the date of preparation of award of the copy of the said order along-with 6% interest per annum from the date of filing of the claim case till realization of the compensation amount. The calculation of the awarded amount made by the learned Tribunal which is as follows :-

6. The claimants/ appellants being not satisfied and aggrieved by the impugned judgment dated 16.12.2017 and award dated 16.01.2018 passed by the learned Tribunal, filed the present appeal for enhancing the compensation amount.

7. The driver (respondent no.1) and owner (respondent no.2) of offending vehicle have not appeared and not contested the case.

8. Despite service of notice upon respondent no.1 (driver of offending vehicle) and respondent no.2 (owner of the offending vehicle), no one appeared on their behalf in this appeal.

9. Learned counsel for the appellants submits that the learned Tribunal has not considered the fact that the deceased was 18 years, accordingly, the multiplier of 18 would be appropriate instead of multiplier 16. He further submits that in view of the judgments of Hon’ble Supreme Court in the cases of National Insurance Company Limited vs. Pranay Sethi, reported in (2017) 16 SCC 680, Sarla Verma & Ors vs. Delhi Transport Corp.& Anr reported in (2009) 6 SCC 121, United India Insurance Co. Ltd. vs. Satinder Kaur @ Satwinder Kaur and Ors. reported in AIR 2020 SC 3076 and Rojalini Nayak and Others vs. Ajit Sahoo and Ors. reported in 2024 SCC OnLine SC 1901 the claimants are also entitled for future prospects but the learned Tribunal failed to grant the said award under the head of future prospects. He next submits that the learned Tribunal erred in awarding less compensation towards loss of estate, funeral expenses and also erred in not prov