JUDGMENT 1. - Through this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant seeks to modify the award dated 30.9.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 1,62,000. 2. I have heard learned Counsel for the parties and gone through the award sought to be modified. In the claim petition, the claimant has claimed compensation to the tune of Rs. 8,56,800 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of driver of both the vehicles, truck and the bus, awarded a compensation of Rs. 1,62,000. 3. On 21.9.1998, truck No. DIG 3279 and bus No. UHN 2715 collided with each other at Ajmer Road. In the accident few persons including deceased Gulkandi Singh died and few persons sustained injuries. The deceased was travelling in the bus belonging to U.P. State Road Transport Corporation. At the relevant time, he was posted as Constable in U.P. Police. The learned Tribunal having concluded that accident occurred due to contributory negligence of drivers passed the award in favour of the claimants as stated above. 4. The learned Tribunal while calculating the compensation as against loss of income of deceased which he could have contributed to the dependents has taken into consideration the age of deceased as 43 years at the time of accident and having found that he was getting salary of Rs. 1,455.10 per month, deducted ⅓rd of his income for his personal expenditure and calculated his net income at Rs. 1,000 per month which he could have contributed to his dependents. Having calculated the net contribution of the deceased at Rs. 1,000, the Tribunal applied the multiplier of 11 and awarded a sum of Rs. 1,32,000 as against loss of income to the dependents of the deceased. That apart the Tribunal has awarded Rs. 15,000 as against loss of consortium to the widow and Rs. 15,000 as against loss of love and affection to 3 children. In all a sum of Rs. 1,62,000 have been awarded as compensation. 5.
1,32,000 as against loss of income to the dependents of the deceased. That apart the Tribunal has awarded Rs. 15,000 as against loss of consortium to the widow and Rs. 15,000 as against loss of love and affection to 3 children. In all a sum of Rs. 1,62,000 have been awarded as compensation. 5. There is no dispute that the age of the deceased at the time of accident was 43 years and, therefore, even according to the Second Schedule attached to the Motor Vehicles Act, the learned Tribunal should have applied the multiplier of 16 instead 11. If the multiplier of 16 is applied, the amount comes to 1000 x 12 x 16 = Rs. 1,92,000, for which the claimant-appellants should be held entitled to receive. Since the claim of Rs. 1,56,000 as against loss of income to the dependents has already been awarded by the Tribunal, the appellant-claimants shall now be entitled to get the enhanced amount of compensation to the tune of Rs. 60,000. 6. The claim of Rs. 30,000 under the heads loss of consortium and love and affection, appears to be just and proper, which calls for no interference and shall remain intact. 7. In view of above, the appeal is partly allowed. The amount of compensation of Rs. 1,32,000 as against loss of income to the dependents awarded by the Tribunal is enhanced to Rs. 1,92,000. The respondents are, therefore, directed to deposit with the Tribunal the enhanced amount of compensation to the tune of Rs. 60,000 within two months from the date of this judgment. The claimants shall be entitled to receive interest at the rate of 6% p.a. on the enhanced amount of Rs. 60,000 with effect from the date of filing of application till realisation. On depositing the aforesaid sum, the Tribunal shall disburse the same among the claimant appellants.Appeal partly allowed. *******