Judgment ( 1. ) THIS appeal is directed against the award dated 13. 5. 1997, passed by the Motor Accidents Claims Tribunal, Indore, in Claim Case No. 42 of 1997. ( 2. ) NISAR Khan alias Saleem (deceased) was working as motor mechanic at Indore Transport Nagar. On 9. 7. 1996, he was attending truck No. UP 02-A 2675. With a short gap, loaded truck No. MP 09-K 6311 was on jack, which slipped and the loaded truck fell down in such a way that it struck other truck No. UP 02-A 2675. He was hit and he died. The claimants are wife, daughter and mother of the deceased. It is alleged that the accident was result of rash and negligent act of the driver of truck No. MP 09-K 6311. ( 3. ) THE owner and driver of truck No. MP 09-K 6311 have not contested the claim, therefore, proceeded ex parte. ( 4. ) UNITED India Insurance Co. Ltd. has contested the claim and denied the allegations. Its grievance is that the accident was not reported to it and the truck No. UP 02-A 2675 has not been made party to the case, therefore, the claim is not entertainable and that apart, the accident took place due to negligence of the deceased himself. ( 5. ) THE Claims Tribunal has come to the conclusion that the truck No. MP 09-K 6311 had been parked on jack rashly and negligently. Due to slip of jack, Nisar Khan died. His income has been fixed at Rs. 1,000 per month by the Claims Tribunal. The compensation has been worked out at Rs. 1,61,200. Due to contributory negligence of other truck, United India Insurance Co. Ltd. has been made liable to pay half of this amount. This award has been assailed by the claimants on two grounds, first being that the truck No. UP 02-A 2675 is not liable for the accident, therefore, making it liable for the accident to the extent of 50 per cent is wrong and the truck No. MP 09-K 6311 was squarely liable for the accident and the second being that the income of the deceased has not been correctly assessed for the purpose of determining dependency. Consequently, the award deserves to be enhanced. ( 6. ) BOTH the Counsel appearing for the respective parties were heard. Record perused. Consequently, the award deserves to be enhanced. ( 6. ) BOTH the Counsel appearing for the respective parties were heard. Record perused. The facts clearly disclose that the deceased was working with truck No. UP 02-A 2675. While doing so, offending truck No. MP 09-K 6311 standing on jack, fell due to slip of jack and hit the deceased. Gross negligence was there in using jack with the loaded truck. There was every possibility of the jack slipping away due to weight of the loaded truck. Consequently, in case, repairs were to be carried out with truck No. MP 09-K 6311, it should have been unloaded before application of jack. This was not done. Therefore, the very fact of the loaded truck being put on jack is an act of rashness and negligence. The truck No. UP 02-A 2675 has not contributed to the taking place of accident, therefore, liability cannot be fixed on it. The finding of the Claims Tribunal on this aspect of the matter is not correct and is, therefore, set aside. The truck No. MP 09-K 6311 is held responsible for the accident and death of Nisar Khan. ( 7. ) THE next question is the determination of compensation. Jubeda, mother of the deceased, has stated that the deceased was earning Rs. 3,500 per month. Out of it, he used to spend Rs. 500 for himself and gave Rs. 3,000 to her. Liyakat Ali, P. W. 2, is also a mechanic working at the same place. He also states that the deceased was earning Rs. 3,000 per month. Similar is the statement of Iqbal Ahmed, P. W. 3. With this kind of evidence, it is not difficult to hold that the deceased was earning Rs. 3,000 per month. Out of it, he must be spending 1/3rd on himself. Therefore, the yearly dependency would come to Rs. 24,000 and the multiplier with age of 26 years would be 18. Thus counted, the compensation payable in this case comes to (Rs. 24,000 x 18) Rs. 4,32,000. To this, would be added Rs. 10,000 towards consortium, Rs. 5,000 for loss of expectancy of life and Rs. 2,000 for funeral expenses, taking total compensation of Rs. 4,49,000. The compensation shall be paid within two months with interest at the rate of 9 per cent per annum on the enhanced amount from the date of application till payment. 4,32,000. To this, would be added Rs. 10,000 towards consortium, Rs. 5,000 for loss of expectancy of life and Rs. 2,000 for funeral expenses, taking total compensation of Rs. 4,49,000. The compensation shall be paid within two months with interest at the rate of 9 per cent per annum on the enhanced amount from the date of application till payment. The claimants shall be entitled to compensation in the following ratio: (1) Jamila Bi (wife) 50 per cent (2) Gulnas (daughter) 25 per cent (3) Jubeda (mother) 25 per cent Share of daughter be invested in fixed deposit with the nationalised bank in the name of her natural guardian Jamila Bi, till she attains majority.