JUDGMENT Pushpendra Singh Bhati, J. - This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-claimant claiming the following reliefs: "It is, therefore, prayed that this appeal may kindly be allowed, the finding of the learned Tribunal exonerating the Insurance Company of its liability be set aside and the Insurance Company be also held liable for compensation jointly and severally. In the alternative it is prayed that it is held that Insurance Company is not jointly and severally liable then also the respondent No.3 Insurance Company be directed to satisfy the award first and then to recover the same from the owner of the offending vehicle and the impugned judgment and award be modified and the claim petition be allowed in toto with costs throughout. Any other appropriate relief as may be deemed fit and proper by this Hon'ble Court may kindly be granted." 2. At the outset, learned counsel for the parties submit that there is no dispute regarding factual matrix of the case. 3. The only objection raised by learned counsel for respondent-Insurance Company is that the deduction towards personal expenses has to be 50%, looking into the fact that there is only one dependant. Thus, as per learned counsel for the respondent-Insurance Company, the computation has to be made as per 50% of the income only. 4. XXX XXX XXX XXX 5. After hearing learned counsel for the parties as well as perusing the record of the case, this Court is of the opinion that the computation made by the Insurance Company is to the extent of 50%. The deduction is in accordance with law as there is admittedly only one dependant in the present case. 6. Thus, learned counsel for the parties were asked to jointly submit the computation afresh as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors., (2017) AIR SC 5157 .
The deduction is in accordance with law as there is admittedly only one dependant in the present case. 6. Thus, learned counsel for the parties were asked to jointly submit the computation afresh as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors., (2017) AIR SC 5157 . The joint computation as furnished by learned counsel for the parties before this Court, reads as follows:- Age of the Deceased 55 years Multiplier 11 Future Prospects 10% Personal Expenses Deduction (1 dependant) 1/2 Monthly Income of the Deceased Rs.2,100/- Monthly Income after adding Future Prospects Rs.2,310/- Monthly Income after deducting Personal Expenses Rs.1,155/- Yearly Income of the deceased Rs.13,860/- Total Income after applying Multiplier Rs.1,52,460/- Other Conventional Heads Rs.30,000/- Total Award Rs.1,82,460/- Compensation awarded by Tribunal Rs.1,44,400/- Enhanced Award. Rs.38,060/- 7. In view of the above and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.38,060/- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made. Furthermore, while dealing with the issue of improper license which is an admitted position, this Court further directs that the Insurance Company, looking into the established fact of the driver not having a valid driving license, shall be entitled to pay and recover from the claimants, in the spirit of precedent law laid down by the Hon'ble Apex Court in National Insurance Company Limited Vs. Swaran Singh & Ors., (2004) 3 SCC 297 . 8. The appeal is accordingly disposed of. All pending applications also stand disposed of.