BHAWANI SINGH, C. J. ( 1 ) THIS appeal is directed against the award dated 31. 10. 98, passed by the Motor Accidents Claims tribunal, Chhindwara, in Claim Case No. 110 of 1996. ( 2 ) THE accident took place on 6. 7. 1996, on Chhindwara-Betul route, when jeep no. MP 22 B-4663 driven rashly and negligently met with accident resulting in death of G. Prasad Rao (28 ). The claimants are parents of the deceased seeking compensation of Rs. 7,50,000. The Claims tribunal has come to the conclusion that accident took place as alleged. Ultimately, compensation of Rs. 1,54,000 has been awarded. The claimants are not satisfied with this award, therefore, it has been assailed through this appeal. ( 3 ) MR. Saurabh Tiwari, learned counsel appearing for the claimants-appellants, submits that the Tribunal has not assessed the compensation properly. Therefore, just compensation has not been awarded. The learned counsel contends that the deceased was 28 years old at the time of accident, therefore, multiplier of 18 would be applicable instead of 12 applied by the Claims tribunal. It is also contended that the deceased was salesman in Hindustan Lever ltd. earning Rs. 3,500 per month. Further, compensation towards loss to the estate, funeral expenses and loss of expectancy of life has not been awarded and that United india Insurance Co. Ltd. has not been made liable to pay compensation. ( 4 ) MR. M. Subramanyam, the learned counsel appearing for the respondent No. 2 insurance company, contends that the insurance company is not liable to pay compensation, since the vehicle was not used as per terms of policy meaning thereby it was a private vehicle and the owner and driver were carrying the deceased through it, which was not permissible. ( 5 ) GIVING consideration to the matter, reading the evidence on record and sub-missions advanced by the learned counsel for the parties, we are of the opinion that the Claims Tribunal has not assessed the compensation properly. The deceased was earning Rs. 3,500 per month, therefore, rs. 42,000 per annum. After deducting l/3rd towards personal expenses, annual dependency would come to Rs. 28,000, multiplied by 18 plus Rs. 10,000 towards loss of expectancy of life, Rs. 2,500 for loss to estate and Rs. 2,000 towards funeral expenses, the compensation works out to rs. 5,18,500. Therefore, the claimants are entitled to compensation of Rs. 5,18,500.
42,000 per annum. After deducting l/3rd towards personal expenses, annual dependency would come to Rs. 28,000, multiplied by 18 plus Rs. 10,000 towards loss of expectancy of life, Rs. 2,500 for loss to estate and Rs. 2,000 towards funeral expenses, the compensation works out to rs. 5,18,500. Therefore, the claimants are entitled to compensation of Rs. 5,18,500. The enhanced amount of compensation will carry interest at the rate of 9 per cent per annum, payable by the owner of the vehicle. ( 6 ) CONSEQUENTLY, the judgment/award of Motor Accidents Claims Tribunal dated 31. 10. 1998 passed in Claim Case No. 110 of 1996 is modified to the extent aforesaid, leaving the parties to bear their own costs. Appeal partly allowed. .