JUDGMENT 1. - These two appeals are directed against the judgment and award died 28.3.1997 passed by the Motor Accident Claims Tribunal, Banswara (in short, the Tribunal' hereinafter) whereby the Tribunal awarded compensation of Rs.96,800/- in claim case No. 140/1993 (S.B. Civil Misc. Appeal No. 537/197) and Rs.97,800/- in claim case No. 141/1993 (S.B. Civil Misc. Appeal No. 549/1997) in favour of the respective claimants. Aggrieved and s dissatisfied by the quantum of compensation awarded by the Tribunal the appellant-claimants (for short, 'the claimants' hereinafter) have filed the aforesaid two separate appeals seeking enhancement of the compensation. Both these appeals involve common questions of law and facts having arisen out of common judgment and award and, therefore, the same are being to decided by this common judgment. 2. The only point argued by learned counsel for the appellants is that the annual dependency determined by the Tribunal is quite on the lower side and against the material on record. 3. I have gone through statements of AW-1 Smt. Babli, widow of 15 deceased Mangle (in S.B. Civil Misc. Appeal No. 549/1997) and AW-3 Smt. Gavari, widow of deceased Laxman (in S.B. Civil Misc. Appeal No. 537/1997). AW-1 Smt. Babli stated that the deceased was 23 years of age at the relevant time of accident. He was a labourer and used to earn Rs.50/- per day; but, in cross-examination, this witness admitted that her husband used to earn Rs.20/- per day as a labourer and out of that he used to incur Rs.10/- daily on his personal expenses. AW-3 Smt. Gavari stated that deceased Laxman used to earn Rs.50/- per day. In cross-examination, however, she stated that her husband used to earn Rs.30/- per day. The Tribunal has ascertained monthly income of each deceased at Rs.600/- out of which the dependency contribution has been taken to be Rs.400/- per month. The Tribunal, however, did not take note of future prospects and revision of wages. Both the deceased were 23 to 25 years of age at the time of the fatal accident and were having number of dependents. 4. Considering future prospects and revision of wages, in my considered opinion, the monthly income can safely be taken to be Rs.900/- and deducting ⅓ therefrom for personal expenses of the deceased the dependency works out to Rs.600/- per month.
4. Considering future prospects and revision of wages, in my considered opinion, the monthly income can safely be taken to be Rs.900/- and deducting ⅓ therefrom for personal expenses of the deceased the dependency works out to Rs.600/- per month. Thus the annual dependency of the family of each deceased upon the income of the deceased comes to Rs.7,200/- which needs to be multiplied by 16 years purchase factor. In this view of the matter, the compensation for loss of income in each case works out to Rs.1,15,200/-. The Tribunal has awarded Rs.15,000/- and 16,000/- respectively in each case for loss of love and affection and consortium besides Rs.5,000/- each for funeral expenses. These amounts are just and proper in the facts and circumstances of each case. 5. No other point was argued. 6. In the result, the appeals are allowed. The compensation awarded by the Tribunal is enhanced to Rs.1,35,200/- (in S.B. Civil Misc. Appeal No. 45 537/1997) and Rs.1,36,200/- (in S.B. Civil Misc. Appeal No. 549/1997). The enhanced amount shall carry interest at the rate of 9 per cent per annum from the date of application till realisation. No order as to costs.Appeals Allowed. *******