JUDGMENT : (Through : Video Conferencing) 1. Heard, learned counsel for the parties. 2. The instant Miscellaneous Appeal has been preferred by the claimants for enhancement of the Award dated 27.11.2013 passed by learned District Judge-1st-cum-Motor Vehicle Accident Claim Tribunal, Pakur in M.A.C.T. Case No.173 of 2011 whereby the on erroneous consideration less amount has been Awarded to the claimants which is not just and fair compensation. 3. Learned counsel for the appellants has submitted that learned Tribunal has granted a sum of Rs.3,49,500/- under Section 166 as well as 140 of the MV Act. The amount paid under Section 140 MV Act, shall be deducted from total Awarded amount. The learned Tribunal has granted simple interest @ 6% from the total compensation date of filing of the claim application i.e. 23.12.2011 till its realization. 4. Learned counsel for the appellants has further submitted that deceased (Mangal Murmu) lost his life in a motor vehicle accident caused on 14.03.2011 at about 08:30 pm by a truck bearing registration No.WB59A-2050 insured before the National Insurance Company Limited and there is no violation of terms and conditions of the policy. The Insurance Company has also not preferred any analogous appeal against the impugned Award for shifting liability on owner of the offending vehicle. 5. Learned counsel for the appellants has further submitted that deceased died at the age of 30 years as per the assessment made by the Doctor in the postmortem examination, but the learned Tribunal has wrongly considered the income of the deceased to be Rs.2,500/-per month instead of Rs.7,500/-per month as claimed by claimants. Apart from that the learned Tribunal has not granted future prospect nor paid Rs.70,000/- under the conventional head in view of the judgment passed by the Hon’ble Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi, reported in (2017) 16 SCC 680 rather granted Rs.9,500/- under the conventional head, as such, the compensation may be enhanced along with interest @ 7.5% per annum and future prospect @ 40% be granted in view of judgment of Pranay Sethi (supra) at para 59.4. 6. 6. Learned counsel for the appellants has further submitted that as per the claim application the claimants have claimed the income of deceased to be Rs.7,500/-per month and the witnesses, who have been examined as P.W.-1 (Ashish Kumar Murmu), P.W-2 (Nabin Kumar Gupta) and P.W.-3 (Chandi Soren) have also stated that deceased was mason and in support of that learned counsel for the appellants has read out the evidence of P.W.-1 (Ashish Kumar Murmu), P.W-2 (Nabin Gupta) and P.W.-3 (Chandi Soren) as the court is under the virtual mode and has submitted that finding recorded by the learned Tribunal at para 13 is erroneous and contrary to the materials available on record. 7. Learned counsel for the appellants has further submitted that in view of the judgment passed by the Hon’ble Apex Court in the case of Chameli Devi vs. Jivrail Mian, reported in 2019 (4) TAC 724 SC the income of such persons like a carpenters has been considered to be Rs.5,000/-per month, in absence of any documentary proof, as such, this Court may also consider the same. 8. Learned counsel for the respondent no.1 has opposed the prayer and has submitted that in view of the averments made in para 13 of the impugned Award, the deceased was not a mason, as such, the learned Tribunal has rightly considered the same and this Court may not interfere with the same as the compensation is a reasonable just and fair compensation. 9. Considering the rival submissions of the parties looking into the impugned Award, it appears that deceased (Mangal Murmu) died on 14.03.2011 in a road accident caused by truck bearing registration no. WB59A-2050, which was duly insured before the National Insurance Company Limited. The Insurance Company has not filed any appeal for setting aside the order or for shifting the liability upon the owner and nothing has been argued on the point of violation of terms and conditions of the policy as envisaged under Section 149 (2) of the MV Act. This Court by following the judgment passed by the Apex Court in the case of Chameli Devi (supra), considers the income of the deceased, who was a mason as per the claim application and also as per the evidence of the witnesses, to be Rs.5,000/- per month, so far the multiplier is concerned since the deceased was age of 30 years, multiplier of 17 is applicable. The future prospect shall be 40% in view of the judgment of Pranay Sethi (supra) at para 59.4. The deduction shall be 1/4th in view of the judgment of Sarla Verma (Smt) & others vs. Delhi Transport Corporation & another, reported in (2009) 6 SCC 121 at para 30 under the conventional head instead of Rs.9,500/- it should be Rs.70,000/- in view of the judgment of Pranay Sethi (supra) at para 59.8. The new calculation chart is as follows:- Income Rs.5,000/- Future Prospect Rs.5,000/- + Rs.5,000/- x 40% = Rs.7,000/- Annual Income Rs.7,000/- x 12 = Rs.84,000/- 1/4th Deduction towards personal and living expenses Rs.84,000/- minus Rs.21,000/- = Rs.63,000/- Total Income Rs.63,000/- Multiplier of 17 (as the deceased was in the age group of 30 years) Rs.63,000/- x 17 = Rs.10,71,000/- Conventional Head Rs.70,000/- Total Compensation Amount Rs.10,71,000/- + Rs.70,000/- = Rs.11,41,000/- Interest Rs.11,41,000/- along with simple interest @ 7.5% per annum from the date of filing of claim application till the date of actual payment. 10. The total amount of compensation as per new chart is Rs.11,41,000/- which shall be paid to the claimants along with interest @ 7.5% simple interest per annum from the date of filing of claim application till the date of its realization in view of the judgment in the case of Dharmpal and Sons Vs. UP State Road Transport Corporation, reported in 2008 (4) JCR 79 SC as well as under Section 171 MV Act. 11. The amount already paid by the Insurance Company shall be deducted from the enhanced awarded amount and the balance amount shall be paid from the date of filing of the claim application till the date of actual payment along with interest @ 7.5% per annum. 12. It is expected that the Insurance Company shall pay the compensation amount within a reasonable time. 13. Accordingly, the instant appeal stands allowed.