ORDER

1. This Miscellaneous Appeal has been filed by the appellants/claimants under ection 173(1) of the Motor Vehicles Act for enhancement of compensation amount being aggrieved with the award dated 13.12.2021 passed by Motor Accident Claims Tribunal, Rewa in MACC No. 59/2019, by which the Claims Tribunal has awarded a total sum of Rs. 64,51,709/- (Sixty Four Lakhs Fifty One Thousand Seven Hundred Nine) with interest @ 6% per annum to the claimants for the death of Ramashankar Mishra, who died in motor vehicle accident.

2. According to claimants, the compensation awarded by the learned Tribunal is on lower side, hence needs to be enhanced. So the question that arises for consideration is whether any case for enhancement of compensation, awarded by the Tribunal on facts/ evidence adduced is made out and if so to what extent?

3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that all these findings are recorded in favour of claimants by the Tribunal. Secondly, the findings though recorded in favour of claimants are not under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

4. As observed supra, it is a death case. On 9.5.2019, Ramashankar Mishra aged between 46-50 years, met with a motor vehicle accident and died, giving rise to filing claim petition by legal representatives (appellants herein), out of which this appeal arises seeking enhancement of compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and, as stated supra, awarded a sum of 64,51,709/- (Sixty Four Lakhs Fifty One Thousand Seven Hundred Nine) as compensation, breakup of which is as under :-

5. Learned counsel for the appellants submitted that the learned Tribunal has assessed the income of the deceased as Rs.41,931/- (Forty One Thousand Nine Hundred Thirty One) per month and added 30% towards future prospects keeping in view the law laid down by Hon'ble apex Court in the case of National Insurance Company Limited v. Pranay Sethi & others, (2017) 16 SCC 680. Learned tribunal after deducting 1/4th towards personal expenses, applied multiplier of 13 keeping in view the age of deceased and assessed the amount of loss of dependency as Rs.63,77,709/- (Sixty Three Lakhs Seventy Seven Thousand Seven Hundred Nine). It is further submitted that learned tribunal has awarded Rs.15,000/- towards funeral expenses, Rs.15,000/- towards loss of estate, Rs.44,000/- towards loss of consortium and in all awarded Rs.64,51,709/- (Sixty Four Lakhs Fifty One Thousand Seven Hundred Nine) as compensation to appellants/claimants.

6. It is contended by the counsel for the appellants that the tribunal has committed error in assessing the income of the deceased. It is submitted that the deceased was working as Operator Grade-B in Asian Paints, Kasna Branch, Uttar Pradesh and was getting salary of Rs.65,616/- (Sixty Five Thousand Six Hundred Sixteen) per month (Ex.P-13) but the learned tribunal has wrongly assessed the monthly income of the deceased to Rs.41,931/- after making several deductions, however, the Hon’ble Supreme Court in the case of Sh.Fakir Chand Taneja vs. The Oriental Insurance Co.Ltd. Reported in (2023) ACJ 338 has held that only payable income tax should be deduced from the salary of the deceased. It is submitted that salary for the period of overtime may be deduced from the monthly salary of the deceased. Hence, i