IMPORTANT POINT
The court ruled that future prospects must be considered in compensation calculations, applying a multiplier based on the deceased's age.

ORDER :

1. Admit. Issue notice.

2. Service on respondent Nos. 1 & 2 is dispensed with at the risk of the appellants.

3. Learned counsel Mr. A.K. Dhadhich has put in appearance for respondent No. 3 Insurance Company. Service is hence, complete.

4. Both the counsels unanimously submitted that the appeal be finally heard at this stage itself.

5. The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment dated 25.07.2011 passed by the Motor Accident Claims Tribunal, Barmer in MAC Case No. 190/2008.

The learned Tribunal, vide impugned judgment dated 25.07.2011 awarded a sum of Rs. 5,31,600/- in favour of the claimants alongwith interest @ 9% per annum from the date of filing of claim petition i.e. 20.09.2008.

6. Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 25.07.2008, Tilokaram was driving a mini truck bearing registration No. RJ-04-G -1843 from Barmer to Dhorimana on National Highway 15. The truck of respondent No. 1 bearing registration No. RJ-04-GA-2129 was parked negligently in the middle of the highway without any indicators. At about 11:00 pm, due to the flickering of the lights, Tilokaram could not see the truck parked on the highway and the mini truck collided into the parked truck. Unfortunately, Tilokaram and second driver Khimaram succumbed to the injuries. An FIR pertaining to the accident was lodged at Police Station Dhorimana, District Barmer.

The offending vehicle, on the date of accident, was insured with respondent No. 3- Insurance Company.

7. The appellants-claimants are the dependants of deceased Khimaram. The claimants claimed compensation to the tune of Rs. 29,75,000/-. However, the learned tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs. 3,000/- awarded total compensation of Rs. 5,31,600/- in favour of the claimants-appellants, the breakup of which is an under:

Learned Tribunal also awarded interest @ 9% per annum from the date of filing of the claim petition.

8. Averring the compensation to be meagre, the claimants appellants have preferred the present appeal. Learned counsel for the appellants raised the following grounds:

(i) Firstly, the learned Tribunal erred in omitting to take into consideration the future prospects of the deceased while computing the loss of income which is in total contravention to the principles/guidelines as laid down in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors. (2017) 16 SCC 680.

(ii) Secondly, learned Tribunal erred in applying a multiplier of 17 only whereas keeping into consideration the age of the deceased, i.e. 24 years, a multiplier of 18 ought to have been applied in terms of the guidelines as set out in the case of Sarla Verma and Ors. Vs. Delhi Transport Corporation and Ors. (2009) 6 SCC 121.

(iii) Thirdly, the learned Tribunal committed a significant error by awarding insufficient compensation qua the other conventional heads.

(iv) Lastly, awarding interest @ 9% per annum is also erroneous as the Hon’ble Apex Court as well as this Court have consistently awarded interest @12% and in certain cases even @ 15%.

9. Heard learned counsel for the parties and perused the material available on record.

10. Keeping into consideration the settled position of law regarding the