Motor Vehicles Act, 1988 – in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects – Addition should be 30% in case the deceased was in the age group of 40 to 50 years.

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Hon’ble Shabihul Hasnain, J. & Hon’ble Sheo Kumar Singh-I,J.

Dated: 27.11.2017.

FIRST APPEAL FROM ORDER No. – 133 of 2015

Appellant :- United India Insurance Company Ltd.Throu Manager

Respondent :- Smt. Asha Devi Soni And Ors.

Counsel for Appellant :- Anil Kumar Srivastava

(Delivered by Sheo Kumar Singh-I, J.)

1. This First Appeal From Order has been preferred under Section 173 of the Motor Vehicles Act against the judgment and award dated 29.11.2014 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Pratapgarh, whereby in Motor Accident Claim Petition No.200 of 2012 – Smt. Asha Devi Soni and others vs. Mohd. Mateen and another, learned Tribunal awarded an amount of Rs.5,34,000/- as compensation with simple interest @ 7% per annum from the date of filing claim petition till the date of realization on account of death of Ram Kumar.

2. The contents of the appeal reveal that on 28.09.2012 at about 09.00 am when the claimant Asha Devi was coming back from Mauaima, Allahabad with her husband Ram Kumar and Monu on motorcycle, the motor car bearing registration no.U.P.44-S-7286 coming from the side of Faizabad on Allahabad-Faizabad road, driven rashly and negligently, collided with motorcycle in which all the persons on motorcycle got injured and serious injuries were caused to Ram Kumar, who was admitted to District Hospital, Pratapgarh, where he died. He was doing business of vegetable in Bombay and was earning Rs.10,000-12,000/- per month.

3. After considering the written statement filed by the appellant/defendant in the case, the Tribunal framed four issues to the effect as to whether on 28.09.2012 at about 09.00 am the aforesaid car collided with the motorcycle and caused injuries whereby the deceased Ram Kumar died during the treatment and as to whether driver of the vehicle had a valid and effective license and as to whether the vehicle was insured at the time of accident. Learned Tribunal after assessment of the evidence found that the driver of the offending vehicle had a valid license and the vehicle was insured at the time of accident. It was further found that the accident was caused due to rash and negligent driving of the offending vehicle and thus the claimants were entitled for payment of compensation.

4. Learned counsel for the appellant has submitted that the judgment and award passed by learned Tribunal is wholly illegal and erroneous and against the facts and law. The first point as raised by the learned counsel for the appellant is that the multiplier used by the learned Tribunal is not in accordance with law.