The court modified the tribunal's compensation award based on established legal precedents regarding future prospects and deduction ratios in compensation calculations.

JUDGMENT

Saral Srivastava, J.

Heard learned counsel for the appellants and learned counsel for the respondents.

2. The present appeal has been preferred by the claimants/appellants for enhancement of compensation against the judgement and award dated 20.02.2007 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Aligarh in M.A.C.P. No. 303 of 2004.

3. Challenging the said award, learned counsel for the appellants has submitted no amount towards future prospect has been awarded by the Tribunal, whereas considering the age of the deceased i.e.25 years, the claimants/ appellants are entitled to 40% towards future prospect in view of the judgement of Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and Others 2017 (16) SCC 680. It is further submitted that there were six dependents upon the deceased, therefore, considering the judgement of the Apex Court in the case of Sarla Verma and others v. Delhi Transport Corporation and others 2009 (6) SCC 121,Tribunal should have deducted 1/4 towards personal expenses of the deceased instead of 1/3. Lastly, it is contended that the Tribunal has erred in law in applying the multiplier of 17, wheres the Tribunal ought to have applied multiplier of 18 considering the age of the deceased in view of the judgement of the Apex Court in the case of Sarla Verma (supra).

4. Per contra, learned counsel for the respondents submits that the compensation awarded by the Tribunal is just and proper and hence, the same does not call for interference by this Court in the appeal.

5. I have considered the rival submissions of the parties and perused the record.

6. The submission of learned counsel for the claimants/appellants in respect of future prospect has got force in view of the judgement of Apex Court in the case of Pranay Sethi (supra) and thus, following the aforesaid judgement of Apex Court, claimants/appellants are entitled to 40% towards future prospect considering the age of the deceased.

7. The submission of learned counsel for the claimant/appellant with regard to deduction of 1/4 towards personal expenses of the deceased in view of the judgement of Apex Court in the case of Sarla Verma (supra) has got substance. Thus, it is provided that 1/4 should be deducted towards personal expenses of the deceased instead of 1/3 from the income of the deceased for computation of compensation.

8. The submission of learned counsel for the respondents in respect to multiplier has substance, and thus, following the judgement of the Apex Court in the case of Sarla Verma (supra), this Court holds that enhanced compensation should be calculated by applying the multiplier of 18 instead of 17.

9. The enhanced amount of award shall carry 6% interest from the date of the institution of claim petition till the date of its payment.

10. For the reasons given above, the appeal is partly allowed and award of the Tribunal is modified to the extent as indicated above. The insurance company is directed to pay the enhanced amount of compensation to the claimants/appellants within a period of three months from the date of production of certified copy of this order. There shall be no order as to cost.