JUDGMENT S.K. Dubey, J. 1. This is an appeal by the appellants-claimants, under Section 110-D of the Motor Vehicles Act, 1939, for enhancement of the compensation of Rs. 35,100/- awarded for the death of Bhagwant, aged 35 years, who succumbed to injuries received in a motor accident on 8.5.1984 caused by the use of truck No. MPW 8479. 2. The Motor Accidents Claims Tribunal, Gwalior, in claim case No. 161 of 1984, vide award dated 1.2.1988, after holding that accident arose because of rash and negligent driving of the driver, the respondent No. 2, awarded a sum of Rs. 39,000/- on the monthly dependency of Rs. 250/- for the widow and four children, by selecting a multiplier of 13, deducting therefrom ten per cent towards lump sum payment and for uncertainties of life. 3. It was contended by Mr. Balwant Singh, learned Counsel for the appellants, that the dependency calculated for five dependants is too low, as in Rs. 50/- per month a person cannot have bare meals of the two ends. Learned counsel placing reliance on State of Madhya Pradesh through Collector, Jhabua v. Ashadevi 1988 ACJ 846 (MP), submitted that the multiplier selected ought to have been 15 and when the compensation is awarded by selecting a multiplier, it takes into consideration all heads, therefore, the Tribunal has erred in deducting ten per cent of the amount from the compensation so awarded. It was also submitted that, after accident, the deceased died after three days of the accident, therefore, the Tribunal ought to have awarded compensation for pain and suffering, which now becomes the estate of the deceased. Similarly, it was submitted that the claim of compensation in the head of consortium to the widow and loss of company to the minor children was illegally disallowed. 4. Mr. K.K. Lahoti, learned Counsel for respondent insurance company, supported the award and submitted that the award is just and proper and is not inadequately low so as to call for interference in appeal. 5. After giving our due consideration to the submissions made, we are of opinion that the Tribunal has misdirected itself while selecting the multiplier and, thereafter, deducting ten per cent of the amount towards lump sum payment.
5. After giving our due consideration to the submissions made, we are of opinion that the Tribunal has misdirected itself while selecting the multiplier and, thereafter, deducting ten per cent of the amount towards lump sum payment. It is settled that when the compensation is calculated by selecting a multiplier, the multiplier takes care of all the items including payment in lump sum, uncertainties of life, etc., as has been stated by this Court in Asha Devi's case, 1988 ACJ 846 (MP). Selection of multiplier of 13, in our opinion, was also wrong, as the deceased was 35 years of age, as said in Asha Devi's case (supra), the multiplier ought to have been of 15. Mr. Balwant Singh is also right that a poor man cannot afford to spend Rs. 250/- for himself and in the remaining Rs. 250/- the widow and her four children cannot carry on their livelihood and, therefore, the dependency ought to have been at least of Rs. 350/- per month, which yearly comes to Rs. 4,200/- and multiplying the same by 15 the compensation comes to Rs. 63,000/-. The claimants are also entitled to Rs. 3,000/- towards pain and suffering which were suffered by the deceased from the date of accident till his death, and Rs. 5,000/- towards consortium and loss of company. In all the claimants would be entitled to Rs. 71,000/- and also interest on the said amount at the rate of 12 per cent per annum from the date of the application till payment. 6. At this stage, Mr. Lahoti submitted that the amount awarded by the Tribunal with interest has already been deposited, if that is so, the Tribunal shall give adjustment on verifying about the deposit of the said amount, and then, disburse the same to the claimants keeping in mind the interest of minor children. The insurance company shall also pay costs of this appeal, which are fixed as Rs. 500/- if pre-certified. 7. The appeal is allowed in the manner indicated above.