Judgment S. Samvatsar, J. ( 1. ) This appeal is preferred by the claimants being aggrieved by the award dated 12th November, 2007 passed by the Fourth Member Judge, Motor Accident Claims Tribunal, Morena in Claim Case No. 229/2007, whereby the Claims Tribunal has awarded a sum of Rs. 1,24,700/- to the claimants for the death of deceased Tahsildar Singh. ( 2. ) The facts in a nut shell are that deceased Tahsildar Singh was a cleaner of tanker bearing registration No. MP06 E-4712. The respondent No.2 was driving the said tanker at the time of accident. The said tanker dashed against another tanker bearing registration No. MP-6 E-3066, in which deceased seriously injured and died due to injuries sustained by him. ( 3. ) At the time of accident the deceased was aged 22 years and was unmarried. After his death, his mother and brothers filed an application before the Claims Tribunal for compensation. The Claims Tribunal assessed the income of the deceased at Rs. 1,800/- per month, and awarded compensation after applying multiplier of 8 i.e. taking into consideration the age of mother of the deceased, who was between 55-60 years at the time of accident, and awarded compensation. ( 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. He contended that even though there is no documentary evidence on record to support the income of the deceased, if considering the fact the accident had taken place in the year 2007, the income of the cleaner can be safely assessed to Rs. 3,500/- per month. On the other hand, Shri Arvind Agrawal, learned Counsel for the Insurance Company supported the impugned award and contended that the amount of compensation is just and proper. ( 5. ) The only question involved in the appeal is about the income of the deceased, hence this Court need not to burden the judgment by referring of other facts. It is true that in the present case there is no documentary evidence to support the income of the deceased. However, it has come on record that the deceased was working as cleaner of commercial vehicle, thus his income can be assessed equal to income of skilled labour in the year 2007, which can be safely assessed to Rs.
It is true that in the present case there is no documentary evidence to support the income of the deceased. However, it has come on record that the deceased was working as cleaner of commercial vehicle, thus his income can be assessed equal to income of skilled labour in the year 2007, which can be safely assessed to Rs. 100/- per day i.e. Rs. 3,000/- per month. Thus, early income comes to Rs. 36,000/-. After deducting one-third amount, his dependency comes to Rs. 24,000/- per annum. The deceased was unmarried, hence the Claims Tribunal has assessed the age of mother of the deceased at the time of entering into witness box at 60 years. Considering this fact, the age of mother of the deceased can be safely held between 55-60 years and on that multiplier of 8 will be applicable. After applying multiplier of 8, compensation will come to Rs. 1,92,000/-. Apart from this, the claimants are also entitled further sum of Rs. 8,000/- under various heads i.e. for funeral expenses, love and affection, loss of consortium etc. Thus total compensation comes to Rs. 2,00,000/- (Rupees two lacs only). The enhanced amount shall carry interest at the rate of 7% per annum from the date of filing of appeal till its realization. It is further directed that the enhanced amount shall be paid to mother of the deceased. ( 6. ) Accordingly, appeal is partly allowed. No costs. BHARAT