JUDGMENT : 1. Heard, learned counsel for the appellant, Mr. Ashutosh Anand. 2. Iffco Tokio General Insurance Co. Ltd. has preferred this Miscellaneous Appeal against the award dated 23.03.2017 in Title (M.V.) Suit No.181 of 2014 passed by learned District Judge-VII-cum-MACT Judge, Dhanbad whereby the claimants namely, Shanti Devi and Sunita Devi, mother and sister of deceased Sandip Kumar have been awarded compensation to the tune of Rs.46,29,696/- along with interest @ 6% per annum from the date of filing of this claim application i.e. 23.06.2014 to be payable within 60 days, failing which the penal interest @ 9% per annum shall be charged after the expiry of 60 days. 3. Learned counsel for the appellant has assailed the impugned award on the ground that deceased, Sandip Kumar, who was working as a Radio Operator in C.R.P.F., an occupant of the Maruti Swift Car bearing registration No. JH-10S-0719, which met with an accident because of the mistake committed by the driver, who hit the electric pole of 33000 volt because of his rash and negligent driving and as such, the Insurance Company cannot be held liable for compensation. 4. Learned counsel for the appellant has assailed the impugned award on further ground that mother of the deceased is getting family pension and the sister of the deceased has been married subsequently, as such, impugned award is bad in law and may be set aside. 5. Learned counsel for the appellant has further submitted that the claimant no.1 i.e. the mother of the deceased, is still getting family pension of Rs.11,637/-per month, as such, learned Tribunal ought to have considered this amount, while computing the compensation to the claimants because of loss of the income due to death of the son. 6. Learned counsel for the appellant has further submitted that claimant no.2 is sister, who subsequently got married, as such, there may be deduction of 50% of the income towards personal and living expenses of the deceased. 7. Learned counsel for the appellant has further assailed the impugned award on the ground that interest has been awarded @ 9% per annum as a penal interest if the awarded amount is not paid within the period 60 days, which is contrary to the judgment passed by the Apex Court in the case of Dharmpal and Sons Vs. 7. Learned counsel for the appellant has further assailed the impugned award on the ground that interest has been awarded @ 9% per annum as a penal interest if the awarded amount is not paid within the period 60 days, which is contrary to the judgment passed by the Apex Court in the case of Dharmpal and Sons Vs. U.P. State Road Transport Corporation [ 2008 (4) JCR 79 (SC)] where interest should be 7.5% from the date of application, as such, impugned award requires interference by this Court. 8. Heard, learned counsel for the appellant and perused the impugned award. It appears that on 25.05.2013 at about 1.30 A.M. on G.T. Road Satpulia, Gumo within P.S. Tiliya, District-Koderma, when the deceased Sandip Kumar, who was working as Radio Operator in Central Reserve Police Force was coming with his newly married wife and relative in Maruti Swift Car bearing registration No. JH-10S-0719, which dashed against an electric pole of 33000 volt due to which both Sandip Kumar and his newly married wife received grievous injury resulting into their death on the spot. The vehicle was duly insured before Iffco Tokio General Insurance Co. Ltd. for the period from 11.03.2013 to mid night of 10.03.2014, which has been brought on record as exhibit-10. The driver of the offending vehicle Mahesh Beldar was holding valid and effective licence, which has been brought on record as exhibit-11. The salary slip of the deceased for the month of May, 2013 has been brought on record as exhibit-5. The deceased was in the age group of 31 years. Considering all the aspect of the matter, the learned Tribunal has considered net income of the deceased as Rs.24,113/-per month. Considering the age of the deceased, 50% of the monthly income has been added as future prospect in view of the judgment passed by the Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. as reported in (2017) 16 SCC 680 . Thus the income comes to Rs.24,113 + 12056.50 =36,169.50 and annual income comes to Rs.4,34,034/-(Rs.36,169.50 x 12). Since number of dependent family members are 2-3, as such, in view of the judgment passed by Apex Court in the case of Sarla Verma (Smt.) & Ors Vs. DTC & Anr (2009) 6 SCC 121 . 1/3rd of the income has been deducted towards personal and living expenses. Since number of dependent family members are 2-3, as such, in view of the judgment passed by Apex Court in the case of Sarla Verma (Smt.) & Ors Vs. DTC & Anr (2009) 6 SCC 121 . 1/3rd of the income has been deducted towards personal and living expenses. Thus amount of Rs.1,44,678/-has been deducted, thereafter, the income comes to Rs.2,89,356/-(Rs.4,34,034 -1,44,678). The deceased was in the age group of 31 to 35 years, as such, multiplier of 16 has been used, thus the income comes to Rs.2,89,356 x16 = 46,29,696/-. In addition to that learned Tribunal has granted Rs.10,000/-under the head of loss of estate and Rs. 10,000/-towards funeral expenses, which is contrary to the judgment passed by the Apex Court in the case of Pranay Sethi and Ors.(Supra), as under the conventional head Rs.70,000/-is payable to claimants (Rs.15,000/-as funeral expenses, Rs. 15,000/-as loss of estate and Rs.40,000/- as loss of consortium). 9. Learned counsel for the appellant has assailed the impugned award on the ground that Maruti Swift Car bearing registration No. JH-10S-0719 met with an accident because of mistake committed by driver of the said vehicle, but in my view the vehicle was duly insured and deceased was a third party to the accident, as such, claimants are entitled for compensation. So far with regard to second ground that is mother of the deceased is still getting pension is concerned, since mother is getting family pension, the same cannot be deducted from the just and fair compensation. So far with regard to third ground that is interest has been granted on higher side i.e. @ 9% per annum, this Court considered the same and is of opinion that interest has been paid on the lower side which is @ 6% per annum from the date of the filing of the application, instead of 7.5% per annum contrary to the judgment passed by the Apex Court in the case of Dharmpal and Sons Vs. U.P. State Road Transport Corporation [ 2008 (4) JCR 79 (SC)] where interest should be prevalent rate of Bank interest on the date of award or the same has been quantified as 7.5% from the date of application, as such, taking holistic view of the matter that learned Tribunal has awarded interest @6% per annum from the date of filing of the claim application i.e. 23.06.2014 to be paid within 60 days, failing which the penal interest @ 9% per annum shall be charged after the expiry of 60 days, this Court considering the same to be just and fair does not want to interfere with the same. 10. After death of the person, claimants cannot be debarred from the fruits of the beneficial legislation, as such, all the three grounds taken by learned counsel for the appellant is hereby rejected. 11. Accordingly, the Miscellaneous Appeal is hereby dismissed. 12. All the pending I.As. are hereby closed. 13. Learned counsel for the appellant is directed to satisfy the award within a period of 90 days as the accident took place on 25.05.2013, the claim application was filed on 23.06.2014 and approximately since last six years the claimants have been debarred from the fruits of the beneficial legislation. 14. The Registrar General of this Court is directed to refund/remit the statutory amount deposited by the appellant at the time of preferring the appeal within a period of four weeks from the date of filing of the requisition by learned counsel for the appellant.