The appropriate calculation of compensation in motor accident cases must consider age, future prospects, and the number of dependents when determining living expenses deductions and multipliers.

JUDGMENT :

1. Heard the learned counsel for the parties. The claimants are in appeal for enhancement of compensation awarded to them U/s 166 of the M.V. Act passed by learned District Judge cum Motor Accident Claims Tribunal, Court No.III, Giridih, in Title (M.V.) Suit No. 34 of 2009.

2. The claimants are the heirs and dependents of Yunus Ansari who died in a motor vehicle accident on 13.3.2009 when he was dashed by one Hero Honda Splendour Motor Cycle bearing registration No. JH-11E-4042. He was taken to hospital where he died during course of his treatment, leaving behind altogether eight heirs and dependents.

3. As per the case of the claimants, the deceased was aged about 30 years at the time of his death and he was a skilled painter and earning as Rs. 6,000/- per month.

4. Total compensation of Rs. 5,50,000/- was awarded taking the monthly income of the deceased to be 4,000/- per month and the living expense of the deceased was deducted by 1/4^th and a multiplier of 15 was applied.

5. It is submitted by the learned counsel for the appellants that the learned Tribunal has not taken into account the loss of earning under the head of future prospect. Since there were more than six dependents of the deceased, therefore, the living expense should have been deducted by 1/5^th and taking the age of 30 years the appropriate multiplier should have been 17. The award of compensation under conventional head is also not as per the ratio laid down in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors. (2017) 16 SCC 680 .

6. The learned counsel on behalf of the Insurance Company has defended the judgment and award of compensation.

7. I find merit in the case of the claimants for enhancement of compensation. In view of finding of facts regarding monthly income of the deceased to be Rs. 4,000/- the argument for enhancing the monthly income of the deceased is not accepted. However, the final compensation amount taking Rs. 4,000/- monthly income, 1/5^th as deduction from the living expense of the deceased and multiplier of 17 for the age of 30 years of the deceased at the time of accident, and 40% as future prospect, will work out as under:

8. The Insurance Company is directed to make full and final payment of the compensation amount of Rs. 10,00,920/- ( Rupees Ten Lakhs Nine Hundred Twenty only ) along with interest @ 6% per annum from the date of filing of claim application till its realization.

9. M.A. No. 142 of 2014 is accordingly allowed.

10. The statutory amount be remitted to learned Tribunal below to be disbursed/ adjusted to the appellants within one month from the date of this order.