Advocates Appeared:
For the Appellant :Mr. Sandeep Suri, Advocate,
For the Respondent:Mr. N.S. Chahal, Advocate Mr. P.P.S.Brar, Advocate

JUDGMENT :

Archana Puri, J.

The present appeal has been filed by the appellant-National Insurance Company Ltd., thereby, challenging the Award dated 03.04.2017, passed by learned Motor Accident Claims Tribunal, on the quantum of compensation granted, on account of death of Joginder Singh, in a motor vehicular accident, which took place on 27.09.2015.

2. So far as, the factum and manner of taking place of the accident is concerned, none of the respondents, upon whom, the liability was fastened, have filed the appeal. As such, there is no necessity to dwell further on these aspects.

3. On appraisal of the evidence, brought on record, learned Tribunal had concluded that the accident had taken place, on account of rash and negligent driving of truck bearing registration No.RJ-04G-1696 and it resulted into death of Joginder Singh.

4. It is also not disputed between the parties that Joginder Singh was 36 years old, at the time of accident and he was indulging in agricultural pursuit. While taking the earnings of the deceased as Rs.6500/- per month, 50% addition was made, on the count of 'future prospects'. Thereupon, considering the number of dependents, 1/4th was deducted, on the count of 'personal expenses' and considering the age of deceased Joginder Singh, multiplier of '15' was applied and as such, the loss of dependency was worked upon as Rs.7320x12x15=Rs.13,17,600/-. Besides the aforesaid, another amount of Rs.30,000/- was granted, on the count of 'funeral expenses and last ceremonies' and Rs.1,00,000/- was granted towards 'loss of estate'. Another amount of Rs.50,000/- was granted on account of 'loss of love and affection' and claimant-Manjeet Kaur, widow of deceased was also held entitled to compensation to the extent of Rs.1,50,000/-, on the count of 'loss of consortium'.

5. In this manner, total compensation was worked upon as Rs.14,97,600/- and it was ordered to be paid to the claimants in the ratio of 30:25:25:20, besides the amount of Rs.1,50,000/-, granted to claimant-Manjeet Kaur. Also, the claimants were held entitled to interest @7% per annum, on the award amount, from the date of accident, till the date of payment. Further, it was ordered that in case, the compensation is not paid within two months, the claimants shall be entitled to penal interest @9% per annum from the date of accident till the date of realization.

6. Feeling aggrieved by the extent of compensation awarded, the insurance company has filed the present appeal.

Upon notice, respondents made appearance.

Learned counsel for the parties heard.

7. The insurance company is seeking only reduction of the awarded amount. Considering the 'work on' of the compensation, as detailed aforesaid, the same do call for re-computation, as per prevalent law.

8. So far as, the earnings of the deceased is concerned, the same has been appropriately considered as Rs.6500/- per month. However, the addition on the count of 'future prospects' as 50%, is contrary to the principles as laid down in National Insurance Company Limited vs. Pranay Sethi and others, 2017(4) RCR (Civil) 1009. Considering the age of deceased Joginder Singh to be 36 years and vocation followed by him, addition of 40% ought to be made, on the aforesaid count, instead of 50% and thus, the income of the deceased is worked upon as Rs.6500+2600=Rs.9100/- per month.

9. As per Smt.Sarla Verma vs. Delhi Transport Corporation and anr., 2009(3) RCR (Civil) 77, learned Tribunal has correctly made deduction to the extent of 1/4th, considering the number of dependents and had appropriately applied the multiplier of '15', considering the age of the deceased.

10. However, learned Tribunal had granted an amount of Rs.35,000/- on account of 'funeral