JUDGMENT This appeal is directed by the claimants against the award dated 30.7.98 passed by Motor Accident Claims Tribunal, Shajapur, in claim case No. 22/97 whereby compensation of Rs. 1,65,000/- with interest @ l2% per annum from the date of claim petition was awarded. The appellants' case was that on 31.3.97 Sawai Singh, husband of appellant No. 1 and father of appellants No. 2 & 3, was standing near Bamuniya-Khinchi turn on Indore-Bhopal road waiting for bus. The respondent No. 2 came there driving tempo-trax No. M.P. O4-F/1935 belonging to respondent No. 1 and insured with respondent No. 3 in rash and negligent manner and dashed against Sawaisingh, as a result of which, he died on the spot. The appellants filed claim case seeking compensation of Rs. 6,00,000/-. The respondents resisted the claim. The Tribunal held that the accident occurred due to rash and negligent driving of the offending vehicle, as a result of which Sawaisingh died and awarded compensation as stated above. Shri Patwa, learned counsel for the appellants, submitted that the Tribunal committed error in fixing the monthly income of the deceased at Rs. 1500/-. His earning should have been assessed at Rs. 3000/- per month. He further argued that the age of the deceased was 45 years, therefore, the Tribunal ought to have applied multiplier of 15 in view of IInd Schedule to section 163A of the Motor Vehicle Act instead of 13. The amount awarded for loss of consortium, love and affection is also on lower side. He, therefore, prays for enhancement of compensation amount. On the other hand, Shri Dandwate, learned counsel for respondent No. 3, supported the impugned award. We considered the arguments advanced by counsel for both sides and perused the record. It has come in the evidence of Onkarsingh (CW 1), the son of the deceased that his father had 4.233 hectares of hind and was earning more than Rs. 1,00,000/- per year. But he could not show the amount incurred in raising crop and under such circumstances, on the basis of above evidence, the earning of the deceased from agricultural land cannot be estimated. It is true that after the death of the deceased, the land is still available to the appellants for cultivation. But it does not mean that no pecuniary loss was caused to the appellants due to the death of the deceased.
It is true that after the death of the deceased, the land is still available to the appellants for cultivation. But it does not mean that no pecuniary loss was caused to the appellants due to the death of the deceased. The deceased was 'karta' of the family and was managing the agriculture land. Father or 'Karta' of the family works day and night for the advancement of the family. He works 3-4 times more than an ordinary labourer. It has not come on record as to what was the rate of daily-wage at the relevant time. However, the learned Tribunal estimated the earning of the deceased at Rs. 1500/- per month and in our opinion, it cannot be said that it was on lower side. The Tribunal rightly deducted 1/3rd of it for personal expenses of the deceased and determined the dependency at Rs. 1,000/per month. The deceased was of 45 years of age, therefore, in view of IInd schedule to section 163A of the Motor Vehicle Act, the multiplier of 15 ought to have been applied instead of 13. On multiplying it with the multiplicand, the amount comes to Rs. 1,80,000/-. The Tribunal awarded Rs. 5,000/- for loss of consortium to appellant No. 1 and Rs. 2,000/- each to appellants No. 2 & 3 for loss of love and affection. They are also entitled to Rs. 2,000/- for funeral expenses. On addition of Rs. 11,000/-, the amount of compensation comes to Rs. 1,91,000/-. This will be just, fair and reasonable compensation. In the result, the appeal is partly allowed. The impugned award is modified to the extent as indicated above. The respondents shall pay Rs. 1,91,000/- severally and jointly to the appellants with interest @ 12% per annum (after adjusting the amount already deposited) from the date of filing of claim application within 3 months from the date of receipt of copy of this order. Out of this amount, Rs. 71,000/- be paid to appellant No. 1 and Rs. 60,000/- each to appellants No. 2 & 3 with accrued interest. Rs. 50,000/- out of each appellant's share be kept in interest paying scheme in fixed deposit in nationalised Bank for a period of 6 years with accrued interest. No order as to costs.