A. M. SAPRE, J. ( 1 ) THIS is an appeal filed by the claimants under section 173 of the motor Vehicles Act against an award dated 31. 8. 1999, passed by learned Member, motor Accidents Claims Tribunal, West nimar, Mandleshwar in Claim Case No. 12 of 1997. By impugned award, the Tribunal has awarded a total sum of Rs. 50,000 to the claimant by way of compensation for the death of one Kallu Khan aged 28 years. According to claimants, it is on lower side and hence, they have come up in appeal for enhancement. So, the question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and if so, to what extent? ( 2 ) HEARD Mr. P. V. Bhagwat, learned counsel for the appellants and Mr. H. G. Shukla, learned counsel for the insurance company, respondent No. 2. ( 3 ) SINCE, the facts are not in dispute, nor any of the findings decided in favour of the appellants are under challenge at the instance of respondents, we do not consider it necessary to burden this judgment by narrating the entire facts. ( 4 ) IT is a death case. One Kallu Khan, aged 28 years and driver by profession died on 6. 1. 1997 while driving truck No. MP 09-KA 1999 on A. B. Road. He was drawing salary of Rs. 3,000 per month (yearly Rs. 36,000 ). These facts are held proved by the Tribunal in the impugned award and the same are not challenged by any of the respondents, i. e. , the owner and insurance company of the aforementioned vehicle involved in accident. However, the tribunal having held all the findings to be proved in favour of claimants awarded a total sum of Rs. 50,000 for being paid by the insurance company because claimants made an application under section 163-A of the Act. In other words, in the opinion of Tribunal, since the claimants have made an application under section 163-A of the act and hence, they are entitled to claim only a sum of Rs. 50,000 from the insur-ance company, respondent No. 2. It is this view which is impugned in this appeal by the claimants.
In other words, in the opinion of Tribunal, since the claimants have made an application under section 163-A of the act and hence, they are entitled to claim only a sum of Rs. 50,000 from the insur-ance company, respondent No. 2. It is this view which is impugned in this appeal by the claimants. ( 5 ) IN our view, taking into account the finding recorded by the Tribunal in claimants' favour on the issue of his age, i. e. , 28 years, his monthly income Rs. 3,000 as driver and the dependants, the impugned compensation of Rs. 50,000 cannot be said to be either just, reasonable and adequate. Whether we take it to be under section 140 or section 163-A in either case, it is on lower side and hence, deserves to be increased/enhanced so as to make it in conformity with the requirement of law. ( 6 ) TAKING into consideration the structured formula as provided in the Second schedule and applying the age group multiplier, yearly income of deceased, in our opinion, the claimants are held entitled to a sum of Rs. 4,32,000 as reasonable compensation for the death of Kallu Khan. The enhanced sum shall carry interest at the rate of 6 per cent per annum from the date of application till realisation. All other findings recorded by Tribunal are upheld being not under challenge. ( 7 ) ACCORDINGLY and in view of aforesaid, the appeal succeeds and is allowed in part. Impugned award is modified to the extent indicated above. No costs. Appeal partly allowed. .