Point of law: Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after making a substantial enhancement in the award amount, modified the interest component at a reasonable rate of 7.5% p.a. and we find no reason to allow the interest in this matter at any rate higher than that allowed by High Court.

JUDGMENT :

AJAI TYAGI, J.

1. By way of this appeal, the claimants have challenged the judgment and order dated 4.10.2012, passed by Motor Accident Claims Tribunal/Special Judge (DAA), Jalaun at Orai (herein after referred to as ‘the Tribunal’) in MACP No. 150 of 2011 awarding a sum of Rs. 1,56,365/- as compensation to the claimants with interest at the rate of 7% per annum.

2. The claim petition was filed by the appellants, parents of the deceased before the Tribunal with the averments that on 14.4.2011 at about 12:30 in the afternoon, deceased, namely Kumari Beena Yadav @ Kumari Rita Yadav was returning to her home after studying in Kiran Career on bicycle. When she reached at the crossing of Zila Parishad Orai, a truck bearing No. MP-09/HG-1398 came from opposite side, which was being driven very rashly and negligently by its driver. The aforesaid truck hit the deceased. In this accident, the deceased/injured sustained grievous injuries and taken to the District Hospital from where considering the serious condition of her, she was referred to Jhansi Medical College. She was hospitalized in a private hospital in Mathura after Jhansi and subsequently, she was admitted in Sufdarjung Hospital, New Delhi, but during the course of treatment, she died on 6.5.2011.

3. Heard Shri Ram Autar Verma, learned counsel for the appellant. Though, notice has been sent to the respondent, none has appeared on behalf of respondent-Insurance Company.

4. The accident is not in dispute. The insurance company has not challenged the liability on it. The issue of negligence has attained finality. Now the only issue to be decided is the quantum of compensation awarded by the Tribunal.

5. Learned counsel for the appellants has submitted that deceased was unmarried girl aged about 21 years. She was a final year student of MA and preparing for competitive examination such as B.Ed. and Civil Services. It is also submitted that Tribunal has assessed her notional income at Rs. 15,000/- per month, which is on the lower side and no amount is awarded towards loss of future income. It is next submitted that towards non-pecuniary damages only Rs. 5,000/- was awarded for funeral expenses and Rs. 5,000/- was awarded for loss of estate, which is also on the lower side. It is further contended that no amount towards proper filial consortium is awarded.

6. The deceased was 21 years of age as she was born on 9.1.1990. She was well-educated girl and having bright future. The accident had taken place on 14.4.2011. Hence, we fix her monthly income as Rs. 10,000/- per month, namely Rs. 1,20,000/- per annum.

7. The Tribunal has not added any percentage of amount towards future loss of income, which is, in our opinion, grave error. Since, the deceased will fall within the category of self-employed and his age was 20 years at the time of accident, 40% shall be added towards future prospects as held by Hon'ble Apex Court in National Insurance Company vs. Pranay Sethi, 2014 (4) TAC 637 (SC). Hon'ble Apex Court has also held in Munna Lal Jain vs. Vipin Kumar Sharma, 2015 (3) TAC 1 (SC) that if the deceased was unmarried, 1/2 shall be deducted for his personal expenses. In this case, Hon'ble Apex Court has also held that multiplier will be applied with reference to the age of the deceased. Therefore, keeping in view the age of the deceased, multiplier of 18 will be applied in the light of the judgment of Hon'ble Apex Court in the case of Smt. Sarla Verma vs. Delhi Transport Corporation, 2009 (2) TAC 677 (SC). As far as non-pecuniary damages are concerned, the Tribunal has awarded only Rs. 5,000/- each towards loss of estate and funeral expenses, which are also on the lower-side. In the light of Judgment in the case of Pranay Sethi (supra), claimants shall be entitled to get Rs. 15,000/- each for loss of estate and funeral expenses. Rs. 40,000/- x 2 = Rs. 80,000/- towards filial conso