Point of Law: Accident claim - Order of investment is not passed because applicants /claimants are neither illiterate or rustic villagers.

JUDGMENT :

1. Heard Sri A.K. Saxena, learned counsel for the appellant, Sri Sudhanshu Behari Lal Gour, learned counsel for the respondent and perused the judgment and order impugned.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 5.9.2003 passed by the Motor Accident Claims Tribunal/Additional District & Sessions Judge, Etawah (hereinafter referred to as 'Tribunal') in M.A.C. No.427 of 2001 awarding a sum of Rs.1,59,500/-as compensation with interest at the rate of 6% from 5.9.2003 namely the date on which the respondent-National Insurance Co. Ltd. was made party.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The only issue to be decided is the quantum of compensation awarded.

4. The accident took place on 18.2.2001. The deceased was 41 years of age at the time of accident. The Tribunal considered his income to be Rs.15,000/-per annum, deducted 1/3rd towards personal expenses of the deceased, granted multiplier of 15 and that is how the Tribunal has calculated the total compensation to be Rs.1,59,500/-

5. Learned counsel for the appellant submits that the income of the deceased should be considered to be at least Rs.3,000/-per month as he was a skilled driver. It is further submitted by learned counsel for the appellants that the Tribunal has not added any amount under the head of future loss of income which should be granted in view of decision in of the Apex Court in National Insurance Co. Ltd. Vs. Pranay Sethi and others, 2017 LawSuit (SC) 1093. It is also submitted that the Tribunal has applied the multiplier of 15, which would be 114 in view of the decision of the Apex Court in Sarla Verma and others Vs. Delhi Transport Corporation and Another, 2009 LawSuit (SC).

6. It is also submitted by learned counsel for the appellant that the amount awarded under non pecuniary damages is on the lower side and is required to be enhanced in view of the decision in National Insurance Co. Ltd. Vs. Pranay Sethi and others, 2017 LawSuit (SC) 1093. It is further submitted that the deceased was survived by his widow, one son and two daughter, hence, the deduction towards personal would be 1/4th.

7. Learned counsel for the appellant has lastly submitted that the interest awarded by Tribunal is on the lower side and it should be as per the repo rate prevailing in those days.

8. As against this, learned counsel for the respondent has contended that the income which has not been proved before the Tribunal cannot be granted. It is further submitted by learned counsel for the respondent that the accident is of the year 2001 whereas the judgment of the Tribunal is prior to the decision in Pranay Sethi (Supra) and, therefore, non addition of future loss of income is just and proper as the deceased was self employed. It is also submitted that that the amount under non pecuniary head does not require any enhancement. It is also submitted by learned counsel for the respondent, that the interest awarded by the Tribunal is just and proper.

9. In response to the above objection, learned counsel for the respondent has again submitted that the decision of the Apex Court in Pranay Sethi (Supra) can be applied retrospectively in case the appeal is pending.

10. Having heard the learned counsels for the parties and considered the factual data. It is an admitted position of fact that the Insurance Company has accepted the award and has not challenge the same This Court finds that the accident occurred on 18.2.2001 causing death of Tejveer Singh who was 41 years of age at the time of accident. The Tribunal has assessed his income to be Rs.15000/-per annum which according to this Court, in the year of accident, would be at least Rs.3,000/-per month as he was a skilled driver. To which as the deceased was in the age bracket of 41-45, 25% of the income will have to be added in view of the decision of the Apex Court in General Manager, Kerala State Road Transport Corporation,