Judgment ( 1. ) THE appeal has been preferred by claimants for enhancement of compensation aggrieved by the award dated 9. 11. 2004 passed by the Second Additional Motor Accidents claims Tribunal, Gwalior in Claim Case no. 36 of 2004. ( 2. ) THE claimants are widow and children, maternal niece and grandparents of the deceased Ram Kishan (aged 25 years ). It was submitted that the deceased was an agriculturist and bhumiswami of approximately 20 bigha of land. His income was claimed to be Rs. 6,000 per month. He used to sell wheat also thereby earning livelihood. It is said that he used to sell milk also. When he was going on his bicycle on 12. 1. 2004, he was dashed by a truck bearing registration No. CPW 7521 from behind, as a result of which, Ram Kishan sustained injuries and succumbed to them on the spot. A report against driver of truck was lodged at Police Station Jhansi Road, thereby a case for committing an offence under sections 279, 304-A at Indian Penal code was registered against the driver. ( 3. ) THE Tribunal had awarded compensation of Rs. 4,86,000 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition. Dissatisfied by the quantum of compensation amount awarded by the Claims Tribunal, the present appeal has been preferred by the claimants. ( 4. ) IT is submitted by the learned counsel for the appellants that the deceased was bhumiswami of 20 bigha of land as his share was 1/4th out of 80 bigha of agricultural holding, he was a milk vendor also and, therefore, the income of the deceased has not been properly assessed and the multiplier of 18 should have been applied. Placing reliance on the decision of the apex Court in the case of General Manager, Kerala State Road Trans. Corpn. v. Susamma Thomas, 1994 ACJ 1 (SC), claimants have prayed for enhancement of compensation. ( 5. ) MR. Ram Vilas Sharma, the learned counsel appearing for National Insurance co. Ltd. while supporting the award has submitted that the income of the deceased has rightly been assessed at Rs. 3,500 per month and, therefore, no case for enhancement of compensation amount is made out. ( 6.
( 5. ) MR. Ram Vilas Sharma, the learned counsel appearing for National Insurance co. Ltd. while supporting the award has submitted that the income of the deceased has rightly been assessed at Rs. 3,500 per month and, therefore, no case for enhancement of compensation amount is made out. ( 6. ) A perusal of the first information report reflects that the deceased was going to supply the milk to Gwalior when he was dashed by a truck bearing registration No. CPW 7521. From the documents available on record, it is apparent that the deceased was bhumiswami of approximately 18-20 bigha of land as per his 1/4th share in the total holding. Income from per bigha can be assessed at Rs. 2,000 per month after exclusion of the expenses. This court is not satisfied with the claim as put forth by the claimants that the income of deceased was more than Rs. 1,00,000 from the agricultural land. Thus, income of the deceased from the agricultural land is assessed at rs. 40,000 per annum. Deceased was going to sell milk, which finds corroborated by f. I. R. also and it appears that family of the deceased was joint family and were doing the business of selling milk, there were 10 buffaloes, therefore, it would be appropriate to assess the income at Rs. 20,000 per annum from selling the milk and thus, the total income comes to Rs. 60,000, after making 1/3rd deduction towards the self expenditure of the deceased which amount he would have spent on himself had he been alive, the annual loss of dependency comes to Rs. 40,000 to which multiplier of 18 would be applicable, the same is applied. Thus, compensation on account of loss of dependency comes to Rs. 7,20,000. In addition, a further sum of Rs. 40,000 is awarded to the claimants under the customary heads such as loss to estate, loss of expectancy of life and funeral expenses inclusive of a sum of Rs. 10,000 awarded to the widow on account of loss of consortium. Thus, the total compensation comes to Rs. 7,60,000 (rupees seven lakh sixty thousand ). We order the apportionment of the enhanced compensation to be paid to the claimants in the following manner: (i) 40 per cent amount to be paid to widow. (ii) 10 per cent amount each to be paid to son and daughters.
Thus, the total compensation comes to Rs. 7,60,000 (rupees seven lakh sixty thousand ). We order the apportionment of the enhanced compensation to be paid to the claimants in the following manner: (i) 40 per cent amount to be paid to widow. (ii) 10 per cent amount each to be paid to son and daughters. (iii) 10 per cent amount in equal proportion to the parents considering their age as 75 and 70 years. (iv) disbursement of the amount to be make in accordance with the decision of honble Supreme Court in the case of susamma Thomas, 1994 ACJ 1 (SC ). ( 7. ) THE enhanced amount of compensation shall carry interest at the rate of 7 per cent per annum from the date of filing claim petition till realization. ( 8. ) RESULTANTLY, the appeal is allowed to the extent indicated herein above. No order as to costs. Appeal allowed.