Point of Law : Purpose of keeping compensation is to safeguard the interest of the claimants. As 10 years have elapsed, the amount be deposited in the Saving Account of claimants in Nationalized Bank without F.D.R

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Devesh Pratap Singh Chauhan, learned counsel appearing for the appellant and Sri Rakesh Bahadur, learned counsel appearing for the Insurance Company. None is present for the owner.

2. The present appeal has been preferred against the judgment and award dated 15.09.2017 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.4/ Special Judge, E.C. Act, Farrukhabad in M.A.C.P. No.36 of 2013 (Parth @ Pratham Vs. New India Insurance Co. Ltd. granting compensation of Rs.8,50,960/- with interest at the rate of 6%.

3. A very tragic death of three people of the family leaving a minor of 10 years child who is only sole surviving legal representative, who has preferred this appeal. The award in claim petitions for the compensation on death of other two have attained finality. We have no burden on the judgment of Rajastahan High Court in the case of Vimla Kanwar Vs. State of Rajasthan & Ors. 2018 CrLJ 4111 with unnecessary facts that the accident took place on 23.06.2011 is not in dispute. Ranveer Singh (the deceased) was a doctor aged about 36 years and was in government job and his monthly income was Rs.43,998/- are not in dispute.

4. Ranveer Singh was a Government Doctor and was fetching net income of Rs.43,998/-per month. The learned Tribunal below had illegally deducted Rs.2,000/- from the monthly income for the purposes of calculation of the compensation. As per the established principles of the law in this regard, the calculation ought to have been done on the basis of the net income. He further submitted that no amount under the head of future loss of income could have been granted.

5. It is further contended by learned counsel for the appellant that the Tribunal has not considered grounds and committed error in granting 1/6 of the amount to the claimant as the claimant is the sole surviving legal heir of the deceased.

6. Sri Rakesh Bahadur, learned counsel for the respondent has submitted that income which has been considered is just and proper. It is further contended that the Tribunal has not committed any error in granting 1/6 of the amount to the claimant as the claimant is the sole surviving legal heir of the deceased. It is further submitted by Sri Rakesh Bahadur that multiplier granted by the Tribunal is just and proper and demand of Rs.5/-lacs for loss of love and affection and Rs.5/-for constrodian could be granted. It is further submitted by Sri Rakesh Bahadur, learned counsel for the respondent that demand of interest at the 18% is against the rule of U.P. Motor Vehicle Rules, 1998 (Amended in 2011) and it is next submitted that repo-rate is consistently falling, the interest cannot be more than 7%. It is further submitted that non-pecuniary damages should be granted as per the rule (supra).

7. The factum of accident is not in dispute. The negligence of the truck driver which has been considered by the Tribunal is also not in dispute as it is evident from the record that the driver of the truck was driving his vehicle rashly and negligently came on the wrong side and dashed with the car driven by the father of the appellant who along with his wife and his son died on the spot, hence, the same issue has attain finality. As per the liability of the Insurance Company is concerned, there is no dispute that the vehicle was insured and the driver had proper valid driving licence. The Insurance Company and the owner has accepted the finding of facts and they have attend finality. The liability on Insurance Company has been accepted by the Insurance Company.

8. The only question which is left for our consideration is the issue of compensation. The Tribunal though considered the judgment of Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121, has not added any amount towards the head of future loss of income though the deceased was a doctor and was