BHAWANI SINGH, C. J. ( 1 ) THIS appeal is directed against the award of Fifth Motor accidents Claims Tribunal, Indore, passed in Claim Case No. 11 of 1989 dated 26. 9. 1995. ( 2 ) AMBARAM died in the accident that took place on 26. 12. 1988 when he was hit by Matador bearing registration No. MKI 1235 when he was standing on the roadside resulting in his death. Allegation is that the accident took place due to rash and negligent driving of the Matador by the driver, otherwise it would not have taken place. Compensation of Rs. 2,00,000 has been claimed. Defence taken is that the facts stated are incorrect. The deceased was responsible for the accident. Claimants are not dependent on the deceased. The Claims tribunal came to the conclusion that the deceased was 50 years old and died in the accident as alleged, consequently lump sum amount of Rs. 50,000 with interest at the rate of 12 per cent per annum from the date of filing of the claim application till payment has been awarded. ( 3 ) THROUGH this appeal the award has been challenged by the claimants on the ground that award of lump sum compensation despite clear evidence about the age and income of the deceased is not correct, resulting in loss and unjust decision of the case. ( 4 ) MATTER has been considered. Learned counsel were heard and record perused. ( 5 ) THE deceased was aged 50 at the time of accident. He was an agriculturist-cumlabour contractor. He possessed 20 bighas of land in the village Mirjapur, Tehsil and district Dewas (Madhya Pradesh) and was earning Rs. 2,000 per month, in the year 1988. We find no reason to disbelieve this statement, looking to avocation of the deceased at the relevant time; otherwise the family would not subsist on the income less than this. Therefore, it is held that the deceased was earning Rs. 2,000 per month, out of which he may be spending '/3rd on himself leaving Rs. 1,400 to the family per month. At this age proper multiplier would be 13. Accordingly, the claimants are entitled to compensation (Rs. 1400 x 12 x 13)rs. 2,18,400. In addition, they shall be entitled to Rs. 10,000 for loss of expectancy of life, Rs. 2,000 for funeral expenses and Rs. 2,500 for loss to the estate, taking total to Rs.
1,400 to the family per month. At this age proper multiplier would be 13. Accordingly, the claimants are entitled to compensation (Rs. 1400 x 12 x 13)rs. 2,18,400. In addition, they shall be entitled to Rs. 10,000 for loss of expectancy of life, Rs. 2,000 for funeral expenses and Rs. 2,500 for loss to the estate, taking total to Rs. 2,32,900 which is rounded off to Rs. 2,33,000. The enhanced amount of compensation shall carry interest at the rate of 12 per cent allowed by the Tribunal from the date of filing of the claim application till payment. After adjusting the amount already paid/deposited by the insurance company balance amount be paid within two months from the date of receipt of certified copy of judgment. Appeal allowed. .