ORDER

This miscellaneous appeal has been preferred by the appellants/claimants for enhancement of the amount awarded by 4th Additional MACT, Fast Track Court, Shivpuri in Claim Case No.62/2009 whereby MACT has awarded an amount of Rs. 5,56,800/- alongwith interest @ 7.5% per annum to the claimants for the death of Ashok Jatav who died in a vehicle accident.

2 . The necessary facts for disposal of this appeal are that on 1.6.2009 deceased Ashok Jatav along with his wife Harkuwar and one Badri was going on motorcycle from Manopur to Bus-stand Kailaras. Before Jagatpur driver of truck bearing No.UP 78 AT 3812 by driving the said truck rashly & negaligently came from the side of Shivpuri and dashed the motorcycle of Ashok Jatav, as a result of which Ashok Jatav died on the spot and Harkuwar and Badri suffered grievous injuries.

3. Learned counsel for the appellants submits that learned Claims Tribunal has assumed the income of deceased as Rs.3,600/- per month, deducted 1/4th towards personal & living expenses of the deceased and thereby found dependency of the claimants on the deceased as Rs.32,400/- per year, applied multiplier of 17, awarded Rs.6,000/- on other heads and passed total award in the tune of Rs.5,56,800/- in favour of the claimants which is on lower side. Future prospects have not been awarded in favour of the claimants. Amount awarded on conventional heads is also on lower side. Therefore, requests to enhance the compensation amount.

4. Per contra, learned counsel for the respondents opposed the prayer on the ground that appropriate award has been passed in favour of the claimants and there is no ground for enhancement.

5. Having heard learned counsel for the parties and on perusal of the record, it is found that learned Claims Tribunal has assumed the income of the deceased as Rs.3,600/- per month and after deducing 1/4th towards personal and living expenses assessed the dependency of the claimants on the deceased as Rs.32,400/- and applied multiplier of 17, but has not awarded future prospect as per the dictum of Hon'ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi 2017 (16) SCC 680. In the considered opinion of this Court, since the deceased was 27 years of age at the time of accident as per the dictum of Hon'ble Apex Court in the case of Pranay Sethi (supra) 40% future prospect should have been awarded to the claimants. 40% future prospect on annual dependency of the claimants (Rs.32,400/-) comes to Rs.12,960/- and applying multiplier of 17 to it, total amount comes to Rs.2,20,320/-. Claimants are also entitled to get Rs.70,000/- under conventional heads, but only Rs.6,000/- has been awarded on this count. However, since this appeal is filed only for enhancement of Rs.2,00,000/-, therefore, in the considered opinion of this Court, Rs.2,00,000/- may conveniently be enhanced in favour of the claimants in addition to the award already passed in their favour.

6. It is submitted by learned counsel for the respondent/Insurance company that since the dictum of Pranay Sethi (supra) has been passed in the year 2017, therefore, interest upto 2017 should not be awarded. This plea is opposed by learned counsel for the appellants.

7. In the considered opinion of this Court, it would be appropriate to direct that the enhanced amount of award shall carry interest at the rate of 6% per annum.

8 . In the result, this M.A. is allowed by enhancing the compensation to Rs.2,00,000/- in addition to the award passed in favour of the claimants with a direction that on the enhanced amount interest @ 6% would be calculated. The remaining terms and conditions of the impugned award shall remain intact.

(RAJENDRA KUMAR VANI) JUDGE ms/-