ORDER Shrivastava, J. -- 1. Being aggrieved by the award dated 23.12.1999 passed by Additional Motor Accidents Claims Tribunal, Sohagpur in Motor Claim Case No. 4/90. The appellant preferred this appeal for enhancement of the compensation u/s. 173 of the Motor Vehicle Act, 1988. 2. Facts of the case are that on 22.12.1989 the deceased Shakuntala Dubey who was teacher at Naveen Convent School, Sohagpur at about 4:00 p.m. returning to home from the school and when she reached near the Sohagpur one Jeap No. MKK 2763 which belongs to the respondent No.2 and driven by respondent No. 3 dashed the deceased which resulted injuries on her person and she died on the spot. The appellant is husband of deceased Shakuntala Bai. A criminal case u/s. 304-A under the Indian Penal ,Code was also registered against the respondent No.3 before the Judicial Magistrate, I Class, Sohagpur. Apart from the salary she earned Rs. 1,500/- per month from the tuition. The appellant demanded Rs.10,50,000/- as compensation from the Tribunal. 3. The respondent No.2 denied that he is the owner of the offending vehicle and real owner is Narendra Sharma, the vehicle has been sold on 5.4.1989 to Narendra Sharma but as the full amount was not paid, therefore, insurance company was not informed accordingly, respondent No.3 also denied that he was driving the vehicle on the date of incident inspite of notice respondent No.1 did not file any reply in the claim Tribunal. 4. The claim tribunal awarded Rs.1,30,000/- against the above order, the present appeal has been filed by the appellant. 5. In this appeal, the appellant has challenged only the quantum of the compensation awarded by the Tribunal, claimant has claimed Rs.10,50,000/- for compensation but the Tribunal awarded compensation of Rs. 1,30,000/- although, there is no cross appeal presented by the respondents against finding of their liability. Therefore, the only finding for consideration before us is whether, compensation awarded by the Tribunal is just and reasonable. 6. The claimant is the husband of deceased Shakuntala Bai. Her age at the time of the accident was 42 years. The age of the claimant is also 42 years. Krishna Kumar AW l deposed that deceased was a teacher in the primary school and her salary was Rs.1,000/- per month.
6. The claimant is the husband of deceased Shakuntala Bai. Her age at the time of the accident was 42 years. The age of the claimant is also 42 years. Krishna Kumar AW l deposed that deceased was a teacher in the primary school and her salary was Rs.1,000/- per month. It is also submitted that in addition to salary she earned Rs.1,500/- per month as tuition fee, there is no supporting evidence has been adduced about the income of the salary and tuition fee. Therefore, we assess income of the deceased Rs.1,000/- from salary Rs. 500/- from tuition fee that means total income would be Rs. 1,500/- per month. After deduction to 1/3rd, amount the monthly loss of dependency would be Rs. 1,000/- per month and annual loss of dependency comes to Rs. 12,000/-. Looking to the age of the claimant a multiplier of 15 is applicable as per schedule of the Motor Vehicle Act. Therefore, after multiplier of 15 being applied thus loss of dependency comes to 12,000x 15=Rs. 1,80,000/- plus Rs. 2,000/-for funeral, Rs.2,500/- for loss to estate, Rs.5,000/- for loss of expectancy of life and Rs. 5,000/- for loss of consortium to husband. Therefore, the total amount awarded as Rs. 1,94,500/-. The rate of interest as awarded by the Tribunal is reduced from 12% to 6% from date of filing petition till realization. 7. Consequently the appeal is allowed to the extent mentioned above it is directed that claimant shall be entitled compensation for Rs. 1,94,500/-from the respondents jointly and severally. The rate of interest is 6% from the date of application till payment no order has to costs.