JUDGMENT :

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 (afterwards referred as ‘Act of 1988’) has been filed by the appellants-claimants against the judgment and award dated 26.02.2019 passed by the Motor Accident Claims Tribunal, Bharatpur (afterwards referred as ‘Tribunal’) in MAC Case No.81/2000, whereby, the learned Tribunal has awarded a sum of Rs. 2,36,000/-as compensation alongwith interest @ 6% per annum from the date of filing claim petition i.e. 09.08.2000.

2. Brief facts of the case are that during the intermediate night of 09.08.1997 & 10.08.1997 at about 02:00 AM on National Highway No.11 near Chokarwara a Truck bearing registration No.UP21-9491, being driven rashly and negligently, was suddenly stopped by respondent No. 2 -driver without giving any indication, due to which, a Jeep, bearing registration No. RJ05-C-1079, running behind the Truck collided with it, as a result of which, Gajendra Singh (driver of the Jeep) sustained grievous injuries and succumbed to death on 12.08.1997.

3. A claim petition to this effect was filed by the appellants for award of compensation.

4. The claim petition was contested by the respondents by filing reply denying the averments made in the petition.

5. On behalf of the appellants four witnesses i.e. Smt. Usha (AW-1), Ishwar Singh (AW-2), Jal Singh (AW-3) and Radhey Shyam (AW-4) were examined and certain documentary evidence were exhibited. On behalf of respondents two witnesses i.e. Shri Uvesh Ali (NAW-1) and Sukhendra Singh (NAW-2) were examined.

6. On the basis of pleadings of the parties, learned Tribunal framed as many as five issues and while deciding all the five issues in favour of the appellants-claimants, holding that the accident occurred due to sole negligence on the part of Truck driver, passed a judgment dated 18.04.2006 awarding compensation to the tune of Rs. 4,24,320/-with the direction that 60% of the awarded amount shall be paid to the parents of the deceased, who are appellants and remaining 40% to the widow of deceased.

7. Being aggrieved by the judgment & award dated 18.04.2006, the widow of deceased has preferred an appeal being S.B.C.M.A. No.2210/2006 – Usha vs. Khursheed and the Insurance Company has also preferred two appeals being S.B.C.M.A. No. 2447/2006 – United India Insurance Company vs. Jal Singh & Ors. and S.B.C.M.A. No.2507/2006 – United India Insurance Company Ltd. vs. Usha & Ors. before the High Court.

8. The High Court by passing a common judgment dated 23.02.2017 has remanded the matter back to learned Tribunal for deciding issue Nos.1, 2 and 4 afresh after re-hearing the parties.

9. Pursuant to the remand order, learned Tribunal vide impugned judgment has decided issue Nos.1, 2 and 4 afresh and awarded a compensation of Rs. 2,36,000/-alongwith interest @ 6% per annum from the date of filing claim petition i.e. 09.08.2000, against which, the present appeal has been filed.

10. Arguments advanced by the appellants:

(I) Learned counsel for the appellants submitted that the learned Tribunal has wrongly assessed the deceased’s income as Rs.3,000/-per month, whereas, from the evidence it was proved that the deceased was earning Rs.4,500/- per month as a Driver.

(II) It is further submitted that the finding of the learned Tribunal about not awarding the future prospects is also perverse and in that head, the appellants are entitled to get the enhanced amount as per the dictum of the Hon’ble Apex Court in the matter of National Insurance Company Limited v. Pranay Sethi & Ors. : Special Leave Petition (Civil) No. 25590/2014, decided on 31.10.2017.

(III) It is submitted that the non-pecuniary compensation granted by the learned Tribunal is contrary to the dicta of Hon'ble Supreme Court in the case of Pranay Sethi (supra). It is contended that as per the Hon'ble Supreme Court, Rs.15,000/-, Rs.40,000/-and Rs.15,000/-should be gra