Point of Law: Accident claim - Accident occurred in the year 2012 and appeal is of the year 2018, therefore, interest, which is granted 7% will have to be 7.5% from the date of filing of the claim petition till the amount is deposited

JUDGMENT :

Subhash Chand, J.

1. Heard Sri Shreesh Srivastava, learned counsel for the appellants, Ms. Manjima Singh, Advocate holding brief of Ms. Archana Singh, learned counsel for the respondent no.2 and Sri Ram Lakhan Deobanshi, learned counsel for the respondent no.3-New India Assurance Company.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 17.02.2016 passed by Motor Accident Claims Tribunal/Additional District Judge/ Special Judge (S.C. and S.T. Act) Gautam Budh Nagar (hereinafter referred to as 'Tribunal') in M.A.C.T. Case No.324 of 2012 (Meenaxi Panwanda and others Vs. Raj Kumar and others).

3. It is submitted by learned counsel for the appellants that the deceased was 56 years of age. He was an Assistant Manager (H.R.) in NTPC, Haryana. The Tribunal has considered his income to be Rs.63.032/-per month. It is submitted by learned counsel for the appellants that the income of the deceased should have been considered to be Rs.82,337/-. The deceased was survived by his widow and three daughters, the deduction of 1/3rd towards personal expenses of the deceased should not be disturbed. As far as multiplier is concerned, there is no dispute between the parties. It is also submitted that the interest should be granted at the rate of 7.5%.

4. As far as the appeal is concerned, all other aspects except the compensation awarded, has attained finality, as the Insurance Company has not come up in appeal. It is the appeal filed by claimants. The issue of negligence has been decided in favour of the claimants and that issue is not raised in this appeal and the issue that is required to be decided is compensation awarded by the Tribunal, which has not granted any amount under the head of future loss of income despite the law provided for the same. The Tribunal has considered the income to be Rs. 63,032/-per month and granted multiplier of 9 with compensation of Rs. 1,25,000/- under non-pecuniary heads and it is this award, which is under challenge.

5. Learned counsel for the appellants has heavily relied on the judgments in case of New India Assurance Company Limited Vs. Urmila Shukla and others decided on 06.08.2021 in Civil Appeal No. 4634 of 2021 as well as in case of Kirti and another Vs. Oriental Insurance Company Limited (2021) 2 SCC 166 and Anita Sharma and others Vs. The New India Assurance Company Limited and another 2021 (1) SCC 171 by contending that the deductions as made by the Tribunal are faulty and could not have been made. The accident occurred in the year 2012 and appeal is of the year 2018, therefore, interest, which is granted 7% will have to be 7.5% from the date of filing of the claim petition till the amount is deposited. As far as deceased is concerned, it is a case of composite negligence as determined by the Tribunal.

6. Learned counsel for the appellants has relied on the judgment of Vimal Kanwar and others Vs. Kishore Dan and others AIR 2013 SC 3830 and submitted that no deduction should be from the salary of the deceased except income tax but the Tribunal has deducted all the allowances and the loan amount for which installment would be paid. It is submitted by Sri Srivastava that the same could not be done. The case of New India Assurance Company Limited Vs. Urmila Shukla and others decided on 06.08.2021 in Civil Appeal No. 4634 of 2021 as well as Aneeta Sharma (supra) is not followed.

7. Learned counsel for the appellants has contended that the Tribunal has given reason for deduction. PW-1 Meenakshi Panvanda in her evidence has submitted that Vijay Kumar before his death has incurred huge amount for medical expenses11 lacs, which has been bifurcated that he was admitted in Government hospital, Jhajjar, where he spent Rs. 50,000/- thereafter he was taken to PGI, Rohtak, where he spent Rs. 1,60,000/- and further he was admited to Fortis hospital Noida, where also he