Judgment : R. BANUMATHI, J. Aggrieved against the quantum of compensation, Claimants wife and two daughters of deceased Mani @ Marappan have filed this Civil Miscellaneous Appeal. 2. On 29.5.2000 at about 12. 30 hours, when the deceased Mani @ Marappan was riding the moped TN-38-Y-2398 in front of Petrol Bunk, in Avinashi East, the first respondent drove the Van in a rash and negligent manner and dashed against the moped, due to which Mani @ Marappan, fell down and he succumbed to the injuries on the way to hospital. The dependants, viz., wife and two daughters have filed this Claim Petition claiming compensation of Rs. 7,00,000/-. The Insurance Company resisted the claim. The First. Claimant examined herself as P.W.I. Employer, viz., Sivasamy was examined as P.W.2 and one Ramasamy was examined as P.W.3. Exhibits P-1 to P13 were marked. No evidence was adduced by the respondents. Based on the oral evidence and other materials on record, the Tribunal came to the conclusion that the accident was due to the rash and negligent driving of the van driver (first respondent) and consequentially, the owner of the vehicle (second respondent) and the Insurance Company (third respondent) are liable to pay the compensation. 3. The Tribunal has awarded a sum of Rs. 1,80,000/- towards loss of income, Rs. 5,000/- towards loss of love and affection and Rs. 2,000/- towards funeral expenses, totalling to Rs. 1,67,000/-. There is no serious dispute as to the factual finding of rash and negligent driving of the first respondent, that apart, the first respondent has admitted the offence in the criminal case. The only dispute is regarding the income of the deceased. The Tribunal fixed the income at Rs. 1,500/- per month and Rs. 18,000/- p.a. and adopted the multiplier of 15. After deducting the personal expenses, the Tribunal has arrived at the loss of income at Rs. 1,80,000/-. Raising strong objection the learned counsel for the appellant has submitted that the annual income arrived at by the Tribunal is far less and the Tribunal erred in not keeping in view the oral evidence and documentary evidence (Exhibit P-10). 4. The deceased was working as a Powerloom worker. P.W.1 has stated that her husband was earning not less than Rs. 1,500/- per week, which means, the monthly income of the deceased would be Rs. 6,000/-. 4. The deceased was working as a Powerloom worker. P.W.1 has stated that her husband was earning not less than Rs. 1,500/- per week, which means, the monthly income of the deceased would be Rs. 6,000/-. P.W.2-Employer, viz., Sivasamy has stated that the deceased Mani @ Marappan was working in his Power loom and that he has paid Rs. 1,500/- per week to the deceased Mani @ Marappan. As per Exhibit P-10-Salary Certificate, the deceased Mani @ Marappan was earning Rs. 1,200/- per week, that means, he was earning Rs. 4,800/-p.m. The Tribunal has fixed the monthly income at Rs. 1,500/-, which is too low. In my considered view, the Tribunal has overlooked the oral evidence of P.W.1 and also Exhibit P-10-Salary Certificate. De hors Exhibit P-10, even assuming that the deceased Mani @ Marappan worked as coolie, he would have earned not less than Rs. 100/-per day viz., Rs. 3,000/- p.m. If l/3rd is deducted towards personal expenses, his contribution to the family would have been Rs. 2,000/- p.m., i. e. Rs. 24,000/- p.a. There is no dispute that the deceased was aged about 40 years and the Tribunal has adopted the multiplier of 15. The loss of income to the family is calculated at Rs. 3,60,000/- (2000 × 12 × 15). 5. At the time of death of the deceased Mani @ Marappan, the First Claimant was aged about only 35 years and she has lost the addition of consortium of her husband at such an young age. Hence, Rs. 10,000/- is awarded towards loss of consortium. For the minor claimants, the Tribunal has awarded only Rs. 5,000/- towards loss of love and affection, which in my view has to be enhanced to Rs. 10,000/-. 6. The compensation amount payable to the Claimants is enhanced to Rs. 3,82,000/- along with interest at 7.5 % per annum from the date of Petition till the date of realisation. Loss of Income (2000 × 12 × 15) :Rs. 3,60,000/- Loss of Consortium to the First Claimant :Rs. 10,000/- Loss of Love and Affection :Rs. 10,000/- Funeral Expences :Rs. 2,000/- :Rs. 3,82,000/- Out of the above said amount, the First Claimant shall be entitled to Rs. 82,000/- and the Second and Third Claimants shall be entitled to Rs. 1,50,000/- each along with accrued interest. 7. The appellants/claimants are entitled to the compensation of Rs. 10,000/- Loss of Love and Affection :Rs. 10,000/- Funeral Expences :Rs. 2,000/- :Rs. 3,82,000/- Out of the above said amount, the First Claimant shall be entitled to Rs. 82,000/- and the Second and Third Claimants shall be entitled to Rs. 1,50,000/- each along with accrued interest. 7. The appellants/claimants are entitled to the compensation of Rs. 3,82,000/- along with interest at the rate of 7.5 % per annum from the date of Petition till the date of realisation. The award passed by the Motor Accidents Claims Tribunal in M.C.O.P. No. 1140 of 2000 dated 13.11.2001 is modified as above and this Civil Miscellaneous Appeal is allowed accordingly and the compensation amount is to be apportioned as indicated in paragraph No. 6. No costs.