The court modified the Tribunal's compensation award, emphasizing the need for adequate consideration of future prospects and other compensation heads in fatal accident claims.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant appeals have arisen out of the judgment and award dated 11.07.2017 passed by the Motor Accident Claims Tribunal and Court of Essential Commodities Act, Jaipur Metropolitan, Jaipur (for short 'the Tribunal') in MAC No. 133/2012(1832/10), titled as "Rajendra Prasad Gupta & Ors. v. Dharam Chand Sharma & Ors.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs. 16,95,000/- along with interest @6 % per annum from the date of filing the claim petition as compensation in favour of the claimants-appellants (for short 'the claimants').

2. CMA No. 5549/2017 has been filed by the New India Assurance Company Ltd. (for short 'the Assurance Company') challenging the judgment & award passed by the Tribunal on the various grounds whereas CMA No. 5445/2017 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal.

3. In CMA No. 5549/2017:- Learned counsel for the Assurance Company submits that the Tribunal has not considered the evidence led by both the parties in right perspective and wrongly fastened liability on the Assurance Company to pay the compensation amount to the claimants. Learned counsel for the Assurance Company also submits that an FIR was lodged by Hukam Chand against unknown White TATA Sumo but the evidence of the AW-2 Pawan Kumar was manipulated to take the compensation amount from the Assurance Company. Learned counsel for the Assurance Company further submits that the Tribunal wrongly considered the salary certificate(Ex-10) of the deceased but no record was submitted to prove it. So, judgment of the Tribunal may be modified accordingly.

4. Learned counsel for the claimants in CMA No. 5445/2017 has submits that the Tribunal has not awarded any amount towards future prospects. As per the age of the deceased i.e. 24 years, claimants are entitled to get 40% amount towards future prospects of the deceased's income. Learned counsel for the claimants further submits that the Tribunal has awarded very meagre amount of Rs. 50,000/- towards love and affection, whereas it should be Rs. 40,000/- each claimant. Learned counsel for the claimants further submits that the Tribunal has not awarded any amount under the head of loss of estate, whereas it should be Rs. 15,000/-. So, judgment of the Tribunal may be modified accordingly.

5. I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the Assurance Company.

6. It is an admitted position that the Tribunal has rightly considered income of the deceased as Rs. 15,000/- per month on the basis of salary certificate (Ex.10) and rightly decided the issue No. 1 against the Assurance company and rightly fastened liability on the Assurance Company to pay the compensation amount to the claimants. The Tribunal has not awarded any amount towards future prospects. As per age of the deceased i.e. 24 years, claimants are entitled to get 40% amount towards future prospects of the deceased's income. The Tribunal has awarded very meagre amount of Rs. 50,000/- towards love and affection, whereas it should be Rs. 40,000/- each claimant. The Tribunal has awarded Rs. 25,000/- towards funeral expenses, which is on higher side, whereas it should be Rs. 15,000/-. The Tribunal has not awarded any amount under the head of loss of estate, whereas it should be Rs. 15,000/-. So, judgment and award of the Tribunal is modified to the extent as under: