Judgment P.S. Asopa, J.-This civil misc appeal is directed against the award of the motor Accident Claim Tribunal, Bharatpur dated 28.02.1997 whereby the claims have been awarded in all Rs. 1,55,900/-to claimants-appellants. 2. Briefly stated the relevant facts of the case are that the husband of Appellant No. 1, Deenu was a second driver at Truck No. DIL 626 and when he was going to Ahemdabad to Farokhabad on 111.1987 at village Sahnavali District Bharatpur, an accident took place with a Truck No. DIG 3139 belonging to the Respondent No. 4. It is averred that Shri Deenu was sitting at left side in the Truck No. DIL 626 alongwith Ramjan Khan, who was the first driver of said truck then all of sudden the window of left side opened and Deenu fell down outside the truck and Truck No. DIG 3139 run over him, as a result of which Deenu died. The Truck No. DIG 3139 was driving by the driver rashly and negligently. It was further averred that deceased Deenu the husband of the Appellant No. 1 was getting Rs. 1,500/-per month as salary. 3. On the basis of the pleadings of the parties the following issues were framed:- ^^1- D;k fnukad 13-11-1987 dks nksigj djhc nks cts xzke lgukoyh esas Vªd la-Mh-vkbZ-,y- 626 dh f[kM+dh [ kqy tkus ls mlesa cSBk nwljk Mªkboj nhuw uhps fxj x;k ftls Vªd la- Mh-vkbZ-th- 3139 ftldks fd mldk pkyd rsth] xQyr o ykijokgh ls pyk jgk Fkk] us dqpy fn;k o nq?kZVuk dkfjr dh] ftl nq?kZVuk ds QyLo:i nhuw dh e`R; q gksxbZ\ 2- D;k lk;yku izfrdkj jkf k ikus ds vf /kdkjh gS] ;fn gka rks fdruh o fdl&fdl ls\ 3- vuqrks"k\** 4. The Issue No. 1 was decided in favour of the appellants and while deciding Issue No. 2 claim was awarded as follows. (i) 666 X 12 X 18 = 1,43,856/- (ii) Round figure 1,43,900/- (iii) Consortium5,000/- (iv) Expenses of cremation 2,000/- (v) For love and affection of parents and children 5,000/- Total award 1,55,900/- The aforesaid compensation was awarded with interest @ 12% per annum annually 12.05.1998 i.e. date of filing of the petition. . 5. Learned Counsel for the appellant submits that the Tribunal has committed error in not taking a income of the deceased as Rs. 1,500/-.
. 5. Learned Counsel for the appellant submits that the Tribunal has committed error in not taking a income of the deceased as Rs. 1,500/-. The submission of learned Counsel for the respondent is that the deceased was not the main driver and Tribunal rightly assessed dependency. 6. The finding on Issue No. 1 was not challenged by the respondent either by filing the separate appeal or cross appeal. 7. Heard learned Counsel for the parties. 8. I am of the opinion, at the relevant time the income of the driver was not less then Rs. 1,500/ -, therefore, the dependency ought to have been taken Rs. 1,000/- and further under the head of the consortium and love and affection of Rs. 5,000/- each amount is less, therefore, the same is directed to Rs. 10,000/-each head. The award is modified as follows. For death (i) annual dependency X multiplier 1000 X 12 X 18 = 2,16,000/- (ii) Love and affection 10,000/- (iii) Consortium10,000/- (iv) Expenses of cremation 5,000/- Total award 2,41,000/- Thus, the award of the claim Tribunal is modified and compensation is enhanced as detailed out hereinabove. The petitioner will be entitled for interest @ Rs. 12% per month w.e.f. 12.05.1988 i.e. date of filing the petition. 9. This civil misc appeal is partly allowed as indicated above.