Point of Law : Accident claim - Purpose of keeping compensation is to safeguard the interest of the claimants. Since long time has elapsed, the amount be deposited in the Saving Bank Account of claimant(s) in a nationalized Bank.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. This appeal has been preferred by the claimants-appellants against the judgement and award passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.5 Gorakhpur dated 15.09.2007 in MACP No.729 of 2016 (Smt. Seema and others Vs. Haribansh and others), by which the Tribunal has awarded compensation Rs.1,89,500/- with interest at the rate of 6% per annum.

2. The brief facts of the case are that claimants-appellants filed a claim petition before the Tribunal seeking compensation under Motor Vehicle Act, 1988 for the death of Ajit Kumar (deceased) in a road accident with the averments that on 7.10.2005 at about 6:30 pm, the deceased was travelling from Gorakhpur Shahar to his house Semuapar in tempo bearing No. UP 53 L 9090. The driver of the aforesaid tempo was driving the vehicle very rashly and negligently and at a very high speed, all of sudden, a vehicle came on the way. The driver had lost his control over the steering of the vehicle and dashed with the tree. In this accident, the deceased sustained serious injuries and died on 08.10.2005.

3. Heard Shri Hari Pratap Gupta, learned counsel for the appellants and Shri Ankur Melhotra, learned counsel for the Insurance Company. However, none is present for respondent owner and driver.

4. The owner’s presence is not necessary as the Insurance Company has already deposited the amount awarded by the Tribunal. They have acquiesced to the award. Which means that they have accepted that accident took place on 07.10.2005 and Ajeet Kumar, who was 24 years of age, died out of vehicular injuries. The claimants filed claim petition claiming that the deceased was a trained electrician, who left behind his widow of 22 years and parents who were totally dependent on him of age 52 and 48 years.

5. It is submitted that in the year 2005, deceased was trained electrician, the Tribunal took the income as mentioned for notional income under the second schedule, which according to learned counsel for the appellant could not have been done. That the accident occurred in the year 2005 and the decision was prior to the judgement of Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121, no amount towards future loss of income was granted. The Tribunal has deducted 1/3 for personal expenses of the deceased. The Tribunal granted multiplier of 17 and as the deceased did not die on the same day and was hospitalized, granted a sum of Rs.10,000/- for medical expenses and granted Rs.9,500/-under the non pecuniary damages. This amount of Rs.1,89,500/-was to be paid by the respondents jointly and severally with 6% interest. It is this compensation which has aggrieved the appellants.

6. It is submitted by learned counsel for the appellants that the Apex Court in Smt. Meena Pawaia & others Vs. Ashraf Ali and others 2021 0 Supreme (SC) 694 has held that the Tribunals are supposed to consider the potential of a person to earn and a recent judgement of the Apex Court under Section 163A for the death of child of seven years in the year 2004 has held that his notional income should be Rs.25,000/-per annum. In our case, the deceased was a trained electrician and was running his business as a vocation of electrician and, therefore, we consider his income to be Rs.3000/-per month. It is requested that the amount be considered to be Rs.3000/-per month. It is submitted by learned counsel for the appellants that even in the year of accident the Apex Court had held that future loss of income would be admissible, therefore, he claims as 40% of said amount.

7. As far as deduction for personal expenses is concerned, there is no dispute between the parties. As far as the multiplier of 17 is concerned, there is a dispute and it should be 18 according to the learned counsel for the appellants as the Tribunal has applied multiplier as per for the schedule, the schedule,