ORDER 1, Heard on IA. No. 9862/05, which is an application for dispensing with services of Respondents No. 1 and 2. Application is allowed at the risk of the appellant. 2. Being aggrieved by the inadequacy of the amount awarded vide award dated 2.5.2005, passed by 1st MACT, Indore, in Claim Case No. 39/2005, whereby a sum of Rs. 2,00,000/- has been awarded along with interest @ 6% p.a., the present appeal has been filed. 3. Learned counsel for the appellant submits that the appellants No.2 and 3, who were aged 4 years and 3 years respectively lost their mother in the motor accident and the appellant No.1 is the husband of the deceased. It is submitted that the breakup of the amount awarded by the learned Tribunal is as under :- Rs. 1,70,000/- towards dependency. Rs. 5,000/- towards consortium. Rs.2,000/- towards funeral expenses. Rs. 23,000/- towards loss of love and affection. 4. Learned counsel for the appellants submit that the wife of the appellant No. 1 was carrying on a shop at Khajrana Temple for which an agreement has been produced to demonstrate that the deceased entered into an agreement to purchase a shop vide agreement dated 5.12.2003. It is submitted that income of the deceased as Rs. 4,000/- per month. Appellant No.1 is carrying on business of Tea Stall. It is also submitted that deceased being wife of appellant No.1 and mother of appellants No. 2 and 3 was also taking care of the appellants. The notional income was assessed at the rate of Rs. 15,000/- per year for determining the loss of dependency. It is submitted that on account of loss of dependency the amount awarded is on lower side. 5. Shri Hemant Vaishnav, learned counsel for the appellants placed reliance on a decision in the matter of Lata Wadhwa v. State of Bihar; reported in [2001 ACJ 1735], wherein the Hon'ble apex Court has observed that: "In absence of such datas and taking into consideration the multifarious services rendered by the housewives for managing the entire family, even on a modest estimation, should be Rs. 3,000/- per month and Rs. 36,000/- per annum." 6. Shri S.S. Chawla, learned counsel for respondent No.3, submits that the multiplier of 17 applied by the learned Tribunal is on higher side. Similarly, on account of the love and affection also amount awarded is on higher side.
3,000/- per month and Rs. 36,000/- per annum." 6. Shri S.S. Chawla, learned counsel for respondent No.3, submits that the multiplier of 17 applied by the learned Tribunal is on higher side. Similarly, on account of the love and affection also amount awarded is on higher side. It is also submitted that learned Tribunal had found that deceased was not carrying any business. Hence, amount awarded is just and proper, and no further enhancement can be made. 7. Mater taking into consideration all the evidence on record it appear that the amount of Rs. 23,000/- awarded by the learned Tribunal to the appellants No.2 and 3 towards love and affection is on higher side because on account of consortium learned Tribunal has separately awarded a sum of Rs. 5,000/- to the appellant No.1. On account of loss of dependency the income of the deceased has been assessed as Rs. 15,000/- per annum, which appears to be on lower side. In view of the judgment passed by the Hon'ble apex Court since it is found proved that deceased was house wife, therefore, notional income ought to have been taken into consideration atleast at the rate of Rs. 2,000/- per month, Rs. 24,000/-pe year and dependency ought to have been taken into consideration at Rs. 16,000/-: per year. Looking to the age of the deceased multiplier of 1 ought to have been applied. Appellants are entitled for following amounts :- Rs.2,56,000/- towards loss of dependency Rs. 5,000/- towards consortiuum. Rs. 2,000/- towards funeral expenses. Rs. 10,000/- towards love and affection. 8. Thus appellants are entitled for a total sum of Rs. 2,73,000/-. The enhanced amount of Rs. 73,000/- shall carry interest @ 6% p.a. from the date of application. 9. With the aforesaid modification the appeal stands disposed of. No order as to costs.