N. K. MODY, J. ( 1 ) BEING aggrieved by the inadequacy of the amount awarded vide award dated 30. 11. 2001 passed by the m. A. C. T. , Barwah in Claim Case No. 68 of 2001 whereby a sum of Rs. 1,25,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed. ( 2 ) LEARNED counsel for the appellants submits that the deceased Rajesh was aged 16 years who passed away in the motor accident. The appellants are parents of the deceased. Learned Tribunal has awarded rs. 1,25,000. It is submitted that no breakup has been given by the learned Tribunal as to how it has reached to the conclusion that the amount of Rs. 1,25,000 is just and proper. Learned counsel further submits that deceased was a milk vendor. It has been proved that deceased was selling milk more than 30 1trs. per day and was also helping his father in cultivating the agricultural land. It is submitted that income of the deceased was Rs. 3,500 per month, therefore, the learned Tribunal committed an error in awarding the compensation of rs. 1,25,000. ( 3 ) MR. Milind Phadke, counsel for respondent No. 3 submits that looking to the age of the deceased, the amount awarded is just and proper. It is submitted that the deceased was unmarried and the income which has been shown is unbelievable. ( 4 ) AFTER taking into consideration all the evidence on record it appears that the amount awarded is on lower side. Learned tribunal committed error in not applying the multiplier as per the Schedule provided under Motor Vehicles Act. Even if notional income is taken into consideration then too, income of the deceased ought to have been assessed as Rs. 15,000 per annum. ( 5 ) SINCE appellants have adduced the evidence, therefore, income of the deceased is assessed at the rate of Rs. 18,000 per annum. After deducting one-third of the amount towards personal expenses, loss of dependency is assessed at Rs. 12,000 per annum. After applying the multiplier of 16, the appellants are entitled for a sum of rs. 1,92,000 towards loss of dependency. Appellants are also entitled for the amount, i. e. , Rs. 8,000 towards loss of love and affection and towards funeral expenses.
12,000 per annum. After applying the multiplier of 16, the appellants are entitled for a sum of rs. 1,92,000 towards loss of dependency. Appellants are also entitled for the amount, i. e. , Rs. 8,000 towards loss of love and affection and towards funeral expenses. Thus, total amount for which the appellants shall be entitled is Rs. 2,00,000. The enhanced amount shall carry interest at the rate of 6 per cent per annum from the date of accident. With the aforesaid modification, the appeal stands disposed of. No order as to costs. Appeal allowed. .