JUDGMENT : 1. These two appeals filed u/s 173 of the Motor Vehicles Act, 1988, are against the judgment and award dated 14.2.2001, passed by the learned IInd Additional District Judge, Lucknow/Motor Accident Claims Tribunal in Claim Petition No. 324 of 1997, Smt. Indira Srivastava and Ors. v. Doodh Nath and Ors. whereby the learned Tribunal awarded a sum of Rs. 20,00,000 as compensation to the claimants Smt. Indira Srivastava, Km. Reshma Srivastava, Km. Ritika Srivastava and Master Rohit Srivastava, wife and children of deceased R.K. Srivastava, who died due to injuries which he sustained in the accident which took place on Ashok Marg, Lucknow on 27.9.1997 at 1.25 a.m. when he was travelling by autoriksha within the circle of Police Station Hajratganj, Lucknow. 2. F.A.F.O. No. 171 of 2001 has been filed by the appellant National Insurance Company Ltd., Lucknow to set aside the aforesaid judgment and award dated 14.2.2001 and to pass such other order which this Court may deem fit and F.A.F.O. No. 246 of 2001 has been filed by the claimants to award the interest from the date of claim till the date of payment. 3. Since two appeals have been preferred against the same judgment, they are being disposed of by a common judgment. 4. The brief facts are that R.K. Srivastava aged about 45 years was employed in Gabriel India Ltd. and was drawing salary of Rs. 19,364 per month. On 27.9.1997, in the night, he hired an auto-riksha from Charbag Railway Station, Lucknow. When the auto-riksha reached near Ashok Marg, it met with an accident with Mahendra Commander Jeep bearing Registration No. U.P. 40/A-2159 which was being driven by its driver rashly and negligently. The driver of auto-riksha tried his level best to avoid the accident but in spite of his best efforts, the Mahendra Commander Jeep which was being rashly driven at a very high speed by its driver hit the auto-riksha and in the accident Sri R.K. Srivastava and co-passenger Tanuj Jain sustained injuries. The two Injured were taken to the hospital by the police but Sri R.K. Srivastava succumbed to his injuries. The dependents of Sri R.K. Srivastava filed claim petition u/s 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Lucknow, for compensation. The two Injured were taken to the hospital by the police but Sri R.K. Srivastava succumbed to his injuries. The dependents of Sri R.K. Srivastava filed claim petition u/s 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Lucknow, for compensation. The Motor Accident Claims Tribunal after appreciation of the evidence and the material on record recorded the finding that Sri R.K. Srivastava received injuries and died because of rash and negligent driving of Mehendra Commander Jeep by its driver. 5. So far as the amount of compensation is concerned, the Tribunal came to the conclusion that carry home income of the deceased was Rs. 19,364 per month and considering the age of the deceased on the basis of the Secondary School Certificate of the deceased, recorded the finding that the deceased at the time of the accident was 45 years of age and applied the multiplier of 13 to arrive at the figure of compensation out of which 1/3rd amount was set apart as self expenses of the deceased and 2/3rd amount was held to be the amount of dependency, which comes to Rs. 20,13,890 but finally awarded Rs. 20,00,000 as amount of compensation to the claimants and also ordered that if the compensation is not paid by National Insurance Company within one month from the date of award, the claimants shall also be entitled to an interest of 10% per annum on the amount awarded. 6. Smt. Alka Varma, learned Counsel appearing for the National Insurance Company Ltd. submitted that the award made by the Tribunal is highly excessive. It is not just compensation but a bonanza for the claimants. She further submitted that the awarded rate of interest of 10% is also excessive. She has also submitted that the learned Tribunal erred in ascertaining the net income of the deceased on the basis of pay-slip issued by the employer of the deceased. As per the pay-slip the amount payable under the Heads of conveyance allowance, Rent to Lease, Bonus, Contribution of Provident Fund, Leave Travelling Reimbursement, Medical Reimbursement, Superannuation, Gratuity Contribution, Medical Claim Policy and Education Scholarship should not have been taken into consideration to ascertain the net income of the deceased. The Tribunal should have taken into consideration only the basic pay of the deceased which was Rs. 62,400 per annum. The Tribunal should have taken into consideration only the basic pay of the deceased which was Rs. 62,400 per annum. In support of her submission the learned Counsel has relied upon the judgment of Hon'ble Supreme Court in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Mrs. Susamma Thomas and others, AIR 1994 SC 1631 where in para 10 of the judgment Hon'ble the Supreme Court has observed that the manner of arriving at the damages is to ascertain the net income of the deceased available for the support of himself and his dependants, and to deduct therefrom such part of his income as the deceased was accustomed to spend upon himself, as regards both self-maintenance and pleasure, and to ascertain what part of his net income the deceased was accustomed to spend for the benefit of the dependents. That should be capitalised by multiplying it by a figure representing the proper number of years. Smt. Varma has also drawn our attention to the case of Asha and Others Vs. United India Insurance Co. Ltd. and Another, (2008) 2 SCC 774 wherein Hon'ble the Supreme Court has observed that the claimants are entitled to be compensated for the loss suffered by them. The loss suffered by them is the amount which they would have been receiving at the time when the deceased was alive. There can be no doubt that the dependants would only be receiving the net amount less 1/3rd for his personal expenses. She has also relied upon the case of State of Haryana and Another Vs. Jasbir Kaur and Others, AIR 2003 SC 3696 where interest at the rate of 12% per annum was reduced by Hon'ble Supreme Court to 9% per annum. 7. Respondent Smt. Indira Srivastava who is the appellant in F.A.F.O. No. 246 of 2001 argued the matter in person and submitted that the appellants are entitled for compensation which was claimed in the petition and the Tribunal should have awarded the compensation claimed in the petition alongwith interest from the date of filing of petition till realization. 8. We have carefully considered the submission made by the learned Counsel for the parties and gone through the record and also the case law cited by the learned Counsel appearing for the National Insurance Company Limited. 9. 8. We have carefully considered the submission made by the learned Counsel for the parties and gone through the record and also the case law cited by the learned Counsel appearing for the National Insurance Company Limited. 9. The learned Tribunal awarded the amount of compensation on the basis of Salary Certificate of late Mr. R.K. Srivastava issued by his employer which reads as under: To whom it may concern Certified that late Mr. R.K. Srivastava s/o late Shri M. L. Srivastava, was employed with us at the following remuneration structure on annualized basis: Basic 63,400.00 Conveyance Allowance 12,000.00 Rent of Lease 49,200.00 Bonus (35% of Basic) 21,840.00 Total 1,45,440.00 In addition to above, his other entitlements were: Con. to P.F. 10% of Basic Rs . 6,240 (p.a.) L.T.A . reimbursement Rs . 7,000 (p.a.) Medical reimbursement Rs . 6,000 (p.a.) Superannuation 15% of Basic Rs . 9,360 (p.a.) Gratuity Cont. 5.34% of Basic Rs . 3,332 (p.a.) Medical Policy self and family @ Rs . 55,000 (p.a.) Education Scholarship @ Rs. 500. payable to his two children directly Rs. 12,000 (p.a.) For Gabriel India Limited (D.D. Gupta) Manager-Corporation Accounts. 10. The learned Tribunal in ascertaining the net income of the deceased, did not take into consideration the amount paid to the deceased as Conveyance Allowance and it rightly deducted this amount from the net income of the deceased. It is revealed from the perusal of the record that the insurer, i.e., the appellant National Insurance Company Ltd. did not take the plea before the Tribunal that the amount payable to the deceased under the various heads could not be taken into consideration to arrive at the net income of the deceased. 11. In our opinion Rent Lease, Bonus, Contribution of Provident Fund, Medical Reimbursement, Superannuation, Gratuity Contribution, the amount paid to the Medical Policy and Education Scholarship which were paid by the employer to the deceased, was the income of the deceased at the time of his death and the Tribunal rightly took the same into consideration to ascertain the net income of the deceased. However, we are of the view that Leave Travelling Reimbursement could not be taken into consideration towards the net income of the deceased which was paid by the employer of Rs. However, we are of the view that Leave Travelling Reimbursement could not be taken into consideration towards the net income of the deceased which was paid by the employer of Rs. 7,000 and the Tribunal while deducting the amount in calculating the net income of the deceased should have also deducted the Leave Travelling Reimbursement of Rs. 7,000. If we deduct Rs. 12,000 as conveyance allowance and the amount of Rs. 7,000 as Leave Travelling Reimbursement from the total income of the deceased as per pay slip, the income of the deceased comes to Rs. 2,25,372 per annum. When we apply the multiplier of 13 the total income comes to Rs. 29,29,836. Out of this amount 1/3rd is to be deducted on account of self expenses of the deceased, thus the total amount of dependency comes to Rs. 19,53,224. In our opinion, the just compensation to be awarded in this case is Rs. 19,53,224. 12. In view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and Anr. v. Jasbir Kaur and Ors. (supra), the rate of interest should have been 9% per annum from the date of presentation of the claim petition till its realization. 13. In view of above, we partly allow both the appeals and modify the judgment and award dated 14.12.2001, passed by the Second Additional District Judge/Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 324 of 1987, Smt. Indira Srivastava and Ors. v. Doodhnath and Ors. to the extent that the claimants are entitled for compensation of Rs. 19,53,224 to be paid by the National Insurance Company alongwith interest of 9% from the date of presentation of the claim petition till its realization. The National Insurance Company shall deposit the remaining amount with interest within six weeks from today before the Motor Accident Claims Tribunal which shall be released in favour of the claimants in accordance with the direction given by the Tribunal in the impugned judgment and award. The parties shall bear their own costs.