The court applied the legal principles established in the judgments delivered by the Hon'ble Supreme Court in the cases of Sarla Verma and Pranay Sethi to re-compute the compensation award.

JUDGMENT

anoop Kumar Dhand, J. - Invoking the jurisdiction contained under Section 173 of the Motor Vehicles act, 1988 (for short 'the act of 1988'), the claimants - appellants have submitted this appeal against the judgment and award dated 20.08.2007 passed by the Court of Motor accident Claims Tribunal and learned additional District and Sessions Judge, Fast Track No.3, Jaipur, District Jaipur [for short 'the learned Tribunal'] in Motor accident Claims Case No. 308/2007 (323/2006), whereby an amount of Rs. 4,84,000/- has been awarded as compensation on account of death of Ummed Singh @ Vimed Singh in an accident which occurred on 21.09.2005.

2. The learned Tribunal after framing the issues, evaluating the evidence available on record and hearing counsel for the parties, decided the claim petition of the appellants-claimants awarding compensation to the tune of Rs.4,84,000/- under various heads in favour of the appellants-claimants.

3. Learned counsel for the appellants-claimants submits that the deceased was 30 years of age at the time of accident, he was working as Solar Technician and getting a salary of Rs. 8,500/- per month, but the learned Tribunal has wrongly assessed the income of the deceased as Rs. 3,000/- per month. Counsel for the appellants further submits that in the light of the judgment delivered by the Hon'ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation: (2009) 6 SCC 121, the deduction towards dependency should have been calculated as one-fifth. Counsel further submits that no amount towards future prospects has been awarded by the learned Tribunal in the light of the judgment delivered by Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. : (2017) 16 SCC 680. Counsel for the appellants-claimants, therefore, prays that re-computation of the award in the present case may be done in the light of judgments delivered by the Hon'ble Supreme Court in the cases of Sarla Verma (supra) and Pranay Sethi (supra).

4. Per contra, learned counsel for the respondent- Insurance Company submits that the while deciding the claim petition of the appellants-claimants, the learned Tribunal has correctly taken into consideration the factors while calculating the award in this case on the anvil of evidence produced before it. Counsel further submits that the appellants-claimants have failed to produce appropriate evidence to prove the income of the deceased as Rs. 8,500/- per month because the person who issued salary certificate, was not examined before the learned Tribunal. Counsel further submits that looking to the age of the deceased i.e. 30 years, multiplier of 17 should have been applied. Lastly, counsel submitted that the judgment dated 20.08.2007 passed by the learned Tribunal does not warrant any interference of this Court.

5. Learned counsel for the respondents, however, is not in a position to controvert the submissions made by the counsel for the appellants-claimants with regard to re-computation of the award in the present case in the light of the judgment delivered by the Hon'ble Supreme Court in the cases of Pranay Sethi (supra) and Sarla Verma (supra).

6. I have considered the submissions made at the Bar and gone through the judgment and award dated 20.08.2007 passed by the learned Tribunal as well as the relevant record of the case.

7. admittedly, deceased Ummed Singh was 30 years of age at the time of accident and the claimants-appellants are eight in number who were dependent upon the deceased. In the light of the decision of the Hon'ble Supreme Court delivered in the case of Sarla Verma (supra), the deduction of one-fifth should have been applied and the multiplier of 17 should have been applied in the present case while calculating the award. Further, the amount to the extent of 40% is required to be added towards future prospects in the light of the