RAFIQ, J.—This appeal seeks to challenge the award of the Motor Accident Claims Tribunal, Kota dated 21/2/2004 for enhancement of compensation. By the said award, an amount of compensation for a sum of Rs.23,16,000/- has been passed in favour of the claimant appellants. 2. Learned counsel for the appellants has argued that the learned Tribunal while passing the impugned award has erred in law while deducting Provident Fund of Rs.2,000/-. Learned Tribunal has also failed to give benefit of future prospect to the appellants because deceased Shri Moyol Chakraborthy was a government servant being Senior Engineer in R.A.P.P. Rawatbhata and was 39 years of age. Had he been alive, he would have received his promotion, increase in salary by way of increments, pay revision etc. As per judgment of Supreme Court in Sarla Verma & Others vs. Delhi Transport Corporation & Another : (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), looking to his age of 39 years, atleast 50% should be added for his future prospects. 3. Learned counsel for the respondents has opposed the appeal but could not dispute the aforesaid ratio of the judgment of the Supreme Court in Sarla Verma, supra. 4. In view of the judgment in Sarla Verma supra, appellants would be entitled to enhancement of the quantum of compensation by taking into consideration the element of future prospects. Deduction of Provident Fund, which was the own investment of the deceased government servant, could not be justified, therefore, adding the amount of Rs.2000/- to the accepted income of the deceased of Rs.17,000/-, the salary of the deceased should be accepted to be Rs.19,000/-. Multiplier of 16 has rightly been applied. Thus, the claimant deserves to be awarded compensation on that basis by adding the element of future prospects. 5. Accordingly, the appeal deserves to be partly allowed and is hereby allowed in part. The award of the MACT Kota dated 21/2/2004 is modified to the following term:- (a) Rs.17,000/- p.m. (b) Rs.2,000/- of GPF is added. (c) 17000+2000= Rs.19,000/- (d) Rs.19,000/- is accepted as monthly income. (e) After adding 50% towards future prospect, 50% of Rs.19,000/- comes to Rs.9,500/-.
Accordingly, the appeal deserves to be partly allowed and is hereby allowed in part. The award of the MACT Kota dated 21/2/2004 is modified to the following term:- (a) Rs.17,000/- p.m. (b) Rs.2,000/- of GPF is added. (c) 17000+2000= Rs.19,000/- (d) Rs.19,000/- is accepted as monthly income. (e) After adding 50% towards future prospect, 50% of Rs.19,000/- comes to Rs.9,500/-. (f) Rs.19,000/- + Rs.9,500/- = Rs.28,500/- (g) Rs.19,000/- (1/3rd of Rs.28,500 comes to Rs.9,500/-) {28500-9500= 19000} (h) 19000x12x16 = Rs.36,48,000/- (i) Award of Rs.12,000/- on all other pecuniary heads i.e. Rs.5000/- for loss of consortium, Rs.2000/- for funeral expenses and Rs.5000/- for medical expenditure is maintained. (j) Rs.36,48,000/- + Rs.12,000/- = Rs.36,60,000/- (k) The original award of Rs.23,16,000/- is enhanced to Rs.36,60,000/-. (l) The claimant-appellants shall be entitled to interest @7.5% on the enhanced amount of compensation of Rs.13,44,000/- (Rs.36,60,000/- - Rs.23,16,000/-) from the date of filing claim petition.