Kaushal Jayendra Thaker, J. - (1.) Heard Sri Ram Singh for the appellants and Sri Anubhav Sinha holding brief of Sri Amresh Sinha for Insurance company. None appears for the owner.
(2.) The claimants had preferred claim petition bearing no.185 of 2003 before the Motor Accident Claims Tribunal, Kanpur, who vide order dated 20.7.2005 granted a sum of Rs.1,60,700/- as against Rs.18,600/-. This Rs. 1,60,700/- was arrived at by the Tribunal considering that the driver deceased has been considered to be negligent to the tune of 50% which has been assailed by Sri Ram Singh. He has even assailed the amount awarded by the Tribunal which is Rs.1,60,700/-. He has also assailed the rate of interest given by the Tribunal and has contended that the rate of interest should be 18 per cent. It is submitted by Advocate for the appellants - claimants that the deceased is survived by widow and his aged mother, who have filed the claim petition. The amount be enhanced to Rs.3,000/- per month as he was skilled person and the accident occurred in the year 2003 to which as per the judgment of National Insurance Company Limited Vs. Pranay Setthi and others, S.L.P. (Civil) No.25590 of 2014, decided on 31.10.2017, 40 per cent be added as he was self employed person and below 40 years of age. Out of which, 1/3rd be deducted and the multiplier to be added would be that of 17 to which additional amount of Rs.70,000/- as per Pranay Setthi's judgment be granted.
(3.) As against this, Sri Sinha has submitted that income has been properly considered, the multiplier is also on the higher side, the loss of expenses has also not been properly evaluated, and nothing for future income could be added and hence, they have not been added by the Tribunal and the Tribunal has rightly granted interest as applicable in those days.;