BHAWANI SINGH, C. J. ( 1 ) THIS appeal is directed against the award of the Motor accidents Claims Tribunal, Mudwara (Katni), dated 20. 3. 1997, in Claim Case no. 95 of 1992. ( 2 ) ON 27. 9. 1992 Munnilal (deceased)was going for duty at Kymore (Katni) by his cycle. When he reached at Asbestos turning, Motilal (driver) of bus No. MKA 3120 driven rashly and negligently hit the cycle resulting in grievous injuries to the deceased, who was admitted in Government hospital, Katni. However, he died on 30. 9. 1992. At the time of the accident, the deceased was 45 years old and was working in Asbestos Company Ltd. He was the sole earning member of the family. ( 3 ) THE respondents submit that there was no negligence on the part of the bus driver and the insurance company alleges that the driver did not possess valid driving licence, therefore, they are not liable to pay compensation. ( 4 ) THE Claims Tribunal, after recording of evidence, finds that the accident took place as alleged, the deceased was 45 years old. The allegation that the driver did not possess valid driving licence, has not been proved like another defence that the bus did not have fitness certificate. Accordingly, against the claim of Rs. 9,20,000, compensation of Rs. 86,200 is awarded with interest at the rate of 12 per cent per annum. Claimants are not satisfied with this award, therefore, it has been challenged through this appeal. ( 5 ) MR. Om Namdeo, counsel appearing for the claimants, submits that the income of the deceased has not been taken into account for determination of dependency nor proper multiplier used. Consequently, there is a case for enhancement of compensation. Mr. Sunil Jain, counsel appearing for the insurance company, submits that the claimants have not filed salary certificate to prove the income of the deceased. In the claim petition, the income of the deceased is shown as Rs. 2,500, in the statement it is Rs. 3,000 and in the memo of appeal it is Rs. 953 per month. Therefore, with this kind of evidence, settlement of compensation on Rs. 800 per month is justified. ( 6 ) GIVING consideration to the whole matter particularly the evidence, we find that in the claim petition, the income of the deceased is stated to be Rs. 2,500 per month. 953 per month. Therefore, with this kind of evidence, settlement of compensation on Rs. 800 per month is justified. ( 6 ) GIVING consideration to the whole matter particularly the evidence, we find that in the claim petition, the income of the deceased is stated to be Rs. 2,500 per month. In the preliminary statement, it is rs. 3,500 per month while in the statement to the court, the income is stated to be rs. 3,000 per month. Kaushal Prasad AW 2 is working in the same industry as a watchman. He states that the income of the deceased was Rs. 3,000 per month. He also states that the deceased had served for 20 years and was a permanent worker. Therefore, with this kind of evidence, the submission of Mr. Namdeo that statement in the memo of appeal that he was earning rs. 953 per month is erroneous, cannot be accepted and dependency can be worked out easily and conveniently on the basis of evidence in the case. Taking into consideration various statements as to the income of the deceased, we are of the opinion that the dependency should be worked out on the basis of income of Rs. 2,500 per month. After making deduction of 1/3rd towards personal expenses, the annual dependency comes to (Rs. 1,666 x 12) Rs. 19,992 and multiplied by 15, compensation comes to rs. 2,99,880 plus Rs. 16,500 (Rs. 7,000 for loss of expectancy of life, Rs. 5,000 consortium to wife, Rs. 2,500 loss to estate and Rs. 2,000 for funeral expenses ). In addition to this Rs. 5,000 for transport, treatment and special diet, etc. , the claimants must have spent on the deceased, who died in the hospital after three days. ( 7 ) CONSEQUENTLY, the appeal is allowed and award is modified. The claimants are awarded compensation of Rs. 3,21,380 (rupees three lakh twenty-one thousand three hundred eighty) payable by Oriental insurance Co. Ltd. within two months. Enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment. Costs on parties. Appeal allowed. .