GUPTA, WAGHMARE, JJ. ( 1 ) WITH the consent of learned counsel for the parties, the appeal is finally heard. ( 2 ) THIS is a claimants' appeal for enhancement of compensation awarded by the Second Additional Motor Accidents claims Tribunal, Hoshangabad, vide award dated 19. 3. 2004, passed in M. A. C. T. No. 35 of 2003. ( 3 ) THE appellants, who are the unfortunate parents of deceased Vijay Mohan, claimed compensation of Rs. 81,90,000 for his death in a motor accident, when his motor cycle was dashed by the offending vehicle truck bearing registration No. MP 09-KC 2533, on 19. 1. 2003, resulting in his instantaneous death on the spot itself. The claimants pleaded that Vijay Mohan was earning Rs. 2,30,000 per annum as a partner of Anand Traders, dealing in auto parts and from agriculture. ( 4 ) THE Tribunal on the evidence led by the claimants held that Vijay Mohan died on account of the injuries sustained by him in the accident, which occurred on account of rash and negligent driving of the driver of the offending vehicle truck. The Claims tribunal though assessed the income of deceased Vijay Mohan at Rs. 4,000, but the claimants' annual dependency was assessed at Rs. 1,000 only. The Tribunal, therefore, awarded a total sum of Rs. 75,000 as compensation to the parents for death of their son Vijay Mohan in a motor accident. ( 5 ) MR. Gangrade and Ms. Kaithwas, the learned counsel for the appellants, submit that the Tribunal has erred in assessing the appellants' dependency as low at Rs. 1,000 per annum ignoring the fact that they were wholly dependent on the income of their son Vijay Mohan. ( 6 ) MR. Sanjay Agrawal, the learned counsel for the insurance company on the other hand, supports the impugned order and submits that the compensation awarded by the Tribunal is just and proper in the facts of the case. ( 7 ) FROM para 5 of the award, we gather that the Tribunal assessed the income of deceased Vijay Mohan on the basis of the evidence led by the claimants including his income tax return at Rs. 4,000 per month. On considering the evidence available on record, we are satisfied that the Tribunal has rightly assessed the income of deceased vijay Mohan at Rs. 4,000 per month.
4,000 per month. On considering the evidence available on record, we are satisfied that the Tribunal has rightly assessed the income of deceased vijay Mohan at Rs. 4,000 per month. However, learned Tribunal fell into error in assessing the dependency at Rs. 1,000 per month. In our considered view, the deceased must not be spending more than 40 per cent of his income on himself and as such 60 per cent of his income he must have been contributing to his family. In this view of the matter, the appellants' dependency on their son Vijay Mohan can safely be assessed at 60 per cent of his income, which comes to Rs. 28,800. ( 8 ) AS the claimants are parents only of deceased Vijay Mohan, the multiplier of 10 as prescribed by the Apex Court in the case of Municipal Corporation of Greater bombay v. Laxman Iyer, 2004 ACJ 53 (SC), would be appropriate multiplier in the present case. ( 9 ) ON multiplying annual dependency of Rs. 28,800 by the multiplier of 10, the compensation payable to the appellants works out to Rs. 2,88,000. Further sum of rs. 2,000 towards funeral expenses and rs. 2,500 for loss to estate is also awarded to the claimants. Thus, the claimants are entitled to a sum of Rs. 2,92,500 as compensation from the respondents jointly and severally. ( 10 ) THE appeal, therefore, is allowed in part. The compensation of Rs. 75,000 awarded by the Tribunal is enhanced to rs. 2,92,500. The enhanced amount shall bear interest at the rate of 6 per cent per annum from the date of the application. Insurance company is granted 3 months time for depositing the balance amount. There shall be no order as to costs of this appeal. Appeal partly allowed. .