ARUN MISHRA, J. ( 1 ) THIS appeal has been preferred for enhancement of compensation aggrieved by an award dated 30. 9. 2000 passed by Motor Accidents Claims Tribunal, Satna in Claim Case No. 59 of 1999 on account of death of Shankar Prasad shukla, teacher, aged about 38 years in an accident dated 6. 3. 1998 when respondent no. 1 drove the jeep No. MP 19-A 8115 in a rash and negligent manner and vehicle turned turtle near village Bhedra, Shankar prasad suffered injuries and succumbed to them. Total compensation of Rs. 14,98,000 was claimed, he was earning Rs. 5,450 per month, has left behind widow, children and parents. ( 2 ) IN the reply filed by the driver and owner it was contended that there was no negligence on part of driver, excessive compensation has been claimed. Vehicle was insured as such insurer was liable to make the payment. ( 3 ) INSURER in the written statement contended that vehicle was driven in violation of terms and conditions of policy as such insurer is not liable. There is collusion between owner and the claimants as such claim petition be dismissed. ( 4 ) LEARNED Claims Tribunal has found that accident took place owing to rash and negligent driving of driver of the jeep due to which it turned turtle, deceased died owing to the injuries suffered in the accident. ( 5 ) WITH respect to quantum of compensation it was determined that the salary of the deceased was Rs. 5,450 per month, 1/3rd amount has been deducted, monthly dependency has been taken at Rs. 3,634 rounded off to Rs. 3,630, multiplier of 10 has been applied and total compensation awarded is Rs. 4,42,600. ( 6 ) THE only question raised by Mr. L. S. Singh, learned senior counsel appearing with Mr. Lavkush Mishra for appellants is that appropriate multiplier has not been applied, hence, by applying appropriate multiplier compensation be enhanced. ( 7 ) MR. Sanjay Agarwal, learned counsel appearing for insurer has submitted that handsome compensation has been awarded as such no interference is called for in this appeal. ( 8 ) DECEASED was admittedly aged about 38 years, the appropriate multiplier at the age of 38 years is that of 16, multiplier of 10 has been illegally applied, multiplier of 16 is provided in Second Schedule to the motor Vehicles Act.
( 8 ) DECEASED was admittedly aged about 38 years, the appropriate multiplier at the age of 38 years is that of 16, multiplier of 10 has been illegally applied, multiplier of 16 is provided in Second Schedule to the motor Vehicles Act. Thus, multiplier of 16 has to be applied for determining the just compensation payable to appellants. Salary admittedly was Rs. 5,450, after deducting 1/3rd amount which the deceased would have spent on himself had he been alive, total loss of monthly dependency comes to rs. 3,634, thus annual loss of dependency comes to Rs. 3,634 x 12 = Rs. 43,608, applying multiplier of 16, total compensation comes to Rs. 43,608 x 16 = Rs. 6,97,728. In addition, the widow is entitled for loss of consortium Rs. 5,000, claimants are entitled to Rs. 5,000 for loss of expectancy of life, for loss to the estate Rs. 2,500 and for funeral expenses Rs. 2,000. Thus, the total compensation comes to Rs. 6,97,728 + Rs. 5,000 + Rs. 5,000 + Rs. 2,500 + rs. 2,000 = Rs. 7,12,228 (rupees seven lakh twelve thousand two hundred and twenty-eight ). Enhanced compensation to carry the interest at the rate of 6 per cent per annum from the date of filing of claim petition. ( 9 ) RESULTANTLY, appeal is allowed to the aforesaid extent. No costs. .