Judgment S.Samvatsar, J. ( 1. ) This appeal is preferred by the claimants being aggrieved by the award dated 30th November, 2007 passed by the Member Judge, Motor Accident Claims Tribunal, Gwalior in Claims Case No. 32/2007, whereby the Claims Tribunal has awarded a sum of Rs. 5,20,000/- to the claimants for the death of deceased Dushasan. ( 2. ) The facts in a nut shell are that the deceased according to the claimants was aged 30 years of age and was working as Technician in the institute of Hotel Management, Gwalior. He was earning Rs. 8,000/- per month. On 1st November, 2007 at about 7:00 p.m. he was returning to his house after his duty hours on his scooter bearing registration No. MP-7 KB-4184. Where he reached near Data Marked, a truck bearing registration No. MP-06 E-3029, which was driving rashly and negligently by respondent No. 1 dashed against the scooter, due to which the deceased fell down. He died due to injuries sustained by him in the accident. ( 3. ) After his death, the claimants, who are widow and two daughters of the deceased filed an application before the Claims Tribunal for compensation. The Claims Tribunal assessed the income of the deceased at Rs. 3,873/- per month and awarded compensation to the claimants after applying multiplier of 16. ( 4. ) Contention of learned Counsel for the appellants is that the income of the deceased assessed by the Claims Tribunal is on lower side, hence the compensation be enhanced accordingly. On the other hand, learned Counsel for the National Insurance Company supported the impugned award and contended that the amount of compensation is just and proper. ( 5. ) In the present case, it is not disputed that the deceased was 39 years of age at the time of accident and was working as a Technician in the Institution of Hotel Management, Gwalior. His salary certificate (Ext. P-1) is on record. As per the salary certificate (Ext.P-1), the deceased was getting basic pay Rs. 3,440/-, dearness pay Rs. 1,720/-, dearness allowance (35%) Rs. 1,806/-, house rent allowance Rs. 774/-, personal pay Rs. 65/-, city compensatory allowance Rs. 65/-, transport allowance Rs. 75/- and washing allowance Rs. 30/-, total salary Rs. 7,975/- per month. ( 6.
P-1) is on record. As per the salary certificate (Ext.P-1), the deceased was getting basic pay Rs. 3,440/-, dearness pay Rs. 1,720/-, dearness allowance (35%) Rs. 1,806/-, house rent allowance Rs. 774/-, personal pay Rs. 65/-, city compensatory allowance Rs. 65/-, transport allowance Rs. 75/- and washing allowance Rs. 30/-, total salary Rs. 7,975/- per month. ( 6. ) Contention of learned Counsel for the appellants is that as per the judgment of the Apex Court in the case of National Insurance Co. Ltd. v. Indira Srivastava and others 2008 (1) SCJ 907=2008 (1) An.W.R. 266 (SC) = 2008 AJ 614 = 2008 (1) TAC 424, for determining the compensation, the net income of the deceased is to be taken into consideration after deducting personal expenses and tax amount. ( 7. ) In the present case, even if personal expenses and tax amount is deducted, income of the deceased will come to Rs. 7,000/- per month. The deceased was aged 39 years and there was future prospect for his promotion and further increments. Considering these facts, income of the deceased can be safely assessed at Rs. 7,500/- per month i.e. Rs. 90,000/- per annum. After deducting one- third amount, his dependency comes to Rs. 60,000/- per annum. The deceased was aged 39 years at the time of accident, hence multiplier of 16 will be applicable. After applying multiplier of 16, compensation will come to Rs. 9,60,000/-. Apart from this, the claimants are also entitled further sum of Rs. 40,000/- undervarious heads i.e. for funeral expenses, love and affection, loss of consortium etc. etc. Thus, total compensation comes to Rs. 10,00,000/- (Rupees Ten lacks only) it is further directed that the enhanced amount shall carry interest at the rate of 7% per annum from the date of filing of appeal till its realization. ( 8. ) Accordingly, appeal is partly allowed. No costs.