JUDGMENT 1. - Heard learned counsel for the parties. 2. This appeal is directed against the Award of Motor Accident Claims Tribunal, Kotputli dated 25.11.1994 while deciding Claim Case No. 70 of 1992, Anand Kumar & Ors. v. Balbir Singh & Ors. . 3. In a road accident which took place on 5.4.1990, five persons Smt. Girni Bai, Mahendra Shah, Smt. Sunita Shah, Kumari Pooja and Umesh, servant of the family who were going along with other family members in Matador No. DID - 5945 from Jaipur to Delhi and met with an accident with truck No. DIL- 3417 which was being driven by driver Balbir Singh, non-applicant No. 1 and as a result of which, these five persons lost their lives and some were injured. 4. The learned Tribunal arrived at the finding that the said accident resulted on account of rash and negligent driving of truck No. DIL-3417 which hit the said Matador after going on wrong.side of the road at about 3.00 A.M. in the night on Jaipur-Delhi Highway near Nawalpura road. 5. While determining the compensation for the death of Mahendra Shah, aged 29 years, the learned Tribunal has taken the net monthly income of Rs. 1,800/- and after making deduction on personal expenditure, dependency was computed on the basis of two surviving dependents i.e., Tarun Shah and Megha Shah, and the net income for these two dependents was taken as Rs. 1,200/- per month and multiplier of 15 was adopted. Thus the dependency was computed at Rs. 2,16,000/- (1200 x 12 x 15) are remaining compensation towards funeral expenses and loss of love and affection was awarded at Rs. 20,000/-. Thus total compensation at Rs. 2,36,000/- was awarded. 6. It has come on record that said Mahendra Shah was partner in the business concern M/s. Shailesh Synthetics. Despite computing the net monthly income of Rs. 3,000/- after adopting the principles laid down by Hon'ble Supreme Court in the General Manager, Kerala State v. Sushma Thomas, 1994(1) ACC 346 , instead of making one third deduction towards personal expenditure, the Tribunal computed the dependency benefit @ 1,200/- per month, which in the opinion of this Court is not correct and, therefore, it is just and proper to award moderate enhancement in the compensation awarded by the Tribunal. 7. 7. Accordingly, dependency benefit would be computed after making one third deduction towards personal expenditure and taking net monthly income at @ 2,000/- per month, thus net dependency benefit would be computed at Rs. 3,60,000/- (2000 x 12 x 15). Thus total net enhancement of Rs. 1,24,000/- would be paid in favour of two claimants Megha Shah and Tarun Shah. The difference of compensation awarded by this Court shall be paid to the aforesaid claimants i.e., son and daughter of deceased Mahendra Shah in equal proportions with simple interest @ 7.5% per annum from the date of filing this appeal i.e., 13.3.1995 by, the Insurance Company. The said payment be made by account payee cheques in favour of aforesaid two claimants within three months. 8. Consequently, with the aforesaid modification, this Miscellaneous ' Appeal is allowed as indicated above.Appeal allowed. *******