VIJAY LAXMI, J. - (1.) Appellant -Shriram General Insurance Company Ltd. has filed the instant First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 04.09.2015 passed by Motor Accident Claim Tribunal/ Additional District Judge, Room No.8, Lucknow [hereinafter referred to as "Tribunal"], in Claim Petition No. 100050 of 2014 : Sangeeta Srivastava Vs. Amit Saran and others, whereby the Tribunal has awarded a sum of Rs. 55,42,270/ - along with interest @ 7% per annum from the date of filing of the claim petition in favour of the claimants (respondents No.1 to 5 herein) under the following heads: - 1. Loss of dependency : Rs. 55,17,270/ - 2. Funeral Expenses : Rs. 5000/ - 3. Loss of Estate : Rs. 10,000/ - 4. Loss of Love and Affection : Rs. 5000/ - 5. Additional compensation for loss of estate : Rs.5000/ -
(2.) The case related to death of an Assistant Teacher of Madhyamik Vidyalaya, who died in an accident on 21.12.2013 at about 5.15 p.m. when a Mini Truck No. UP 78 AT 5541 hit his Scooty from behind on which he was riding. He succumbed to injuries on the spot. Respondents no. 1 to 5, the legal heirs of the deceased, Prabodh Chandra, filed Claim Petition No. 100050/2014 before the Tribunal under Section 166 of the Motor Vehicles Act 1988 (for brevity, the 'Act') for grant of compensation amounting to Rs.85,00,000/ - along with interest @ 24% from the date of filing of the claim petition.
(3.) On the basis of evidence brought on record, the Tribunal held that the accident took place due to negligent driving of Mini Truck driver and awarded a sum of Rs.55,42,270/ - along with interest @ 7% per annum from the date of filing of the claim petition. As is evincible from the award passed by the Tribunal, the aforesaid amount was determined as compensation on the basis that the deceased was in the age group of 40 to 45 and his monthly income was Rs.33,449/ - and annual income was Rs.4,01,388/ -. The Tribunal deducted 10% amount i.e. Rs.24,139/ - towards income tax and added 30% amount i.e. Rs. 1,13,375/ - towards future prospects. Towards personal deduction 1/4th of amount was deducted and the multiplier of 15 was applied to have loss of dependency. Apart there from, the amount of Rs.25,000/ - was paid under conventional heads of love and affection etc. The insurer was directed to deposit the amount within 60 days before the Tribunal.;