Judgment :- 1. This appeal by the Corporation and the Cross Objection by the claimants are directed against the same judgment and award dated 02/07/2005 passed in MVC No.210/2003 on the file of the Prl. District Judge and Member, Motor Accident Claims Tribunal, Chikmagalur, (hereinafter referred as ‘Tribunal’ in short). 2. By the impugned judgment and award, the Tribunal has awarded a sum of Rs.11,05,000/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the claimants for a sum of Rs.20,00,000/-, on account of the death of the deceased Sri.A.S. Byrappa in the road traffic accident. 3. In brief, the facts of the case are: The claimant No.1 is the wife, claimant Nos. 2 and 3 are children claimant No.4 is the mother of the deceased Sri.A.S. Byrappa and they have filed a claim petition before the Tribunal under section 166 of M.V.Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 5.4.2003 the deceased was proceeding on his motor cycle bearing No.KA.18.H.151 from Halasumne to Vasthare along with one Sri.A.M. Manjunath as the pillion rider and when they reached the spot of accident, at that time, KSRTC Bus bearing No.KA.13.F.379 came with high speed in a rash and negligent manner and dashed against the motor cycle, due to which, the motor cycle went and dashed against the person who was standing at the spot of accident waiting for the bus. In the said accident, deceased sustained severe injuries and immediately he was removed to M.G. Hospital, Chikmagalur and he succumbed to the injuries while undergoing treatment. It is the further case of the claimants that, the deceased was aged 40 years, hale and healthy, working as Telephone Mechanic at BSNL, Chikmagalur, and drawing the salary of Rs.9,473/- per month and looking after the welfare of the family and due to his untimely death they suffered lot as they have lost the only source of living. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs.11,05,000/- under different heads with interest at 6% p.a., from the date of petition till its realization. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs.11,05,000/- under different heads with interest at 6% p.a., from the date of petition till its realization. Being aggrieved by the said judgment and award, the Corporation has filed M.F.A.No.8118/2005 contending that, the compensation awarded by the Tribunal under all the heads is excessive and it requires to be reduced and the claimants have filed cross objection No.335/2006 contending that, the compensation awarded by the Tribunal towards loss of dependency, loss of love and affection and transportation and funeral expenses is inadequate and it requires to be enhanced. 4. We have heard the learned counsel appearing for the Corporation and learned counsel for the claimant at considerable length of time. 5. After careful consideration of the submissions made by learned counsel appearing for both the parties, after careful perusal of the original records available on file, including the impugned judgment and award passed by the Tribunal, it is not in dispute that, deceased died in the accident that occurred on 5.4.2003, he was aged about 40 years, working as Telephone Mechanic at BSNL Chikmagalur and drawing the salary of Rs.9,473/- p.m. as per Ex.P6. The permissible deduction is only towards Professional tax of Rs.75/-. If, the Professional tax of Rs.75/- is deducted from Rs.9,473/-, the total salary of the deceased comes to Rs.9,398/-. The deceased was aged 40 years at the time of his death and the claimants are entitled for future income of the deceased at 30% of the net income drawn by the deceased as on the date of his death, in view of the law laid down by the Apex Court in the case of Sarla Verma and others Vs. Delhi Transport Corporation and another reported in 2009 ACJ 1298 , wherein, it is held at para-11 that, 30% of actual salary is to be added to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and aged 40 to 50 years. Delhi Transport Corporation and another reported in 2009 ACJ 1298 , wherein, it is held at para-11 that, 30% of actual salary is to be added to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and aged 40 to 50 years. In the instant case, the deceased was aged about 40 years and he was working as a Telephone Mechanic in BSNL Chikmagalur and 30% of the income of the deceased works out to Rs.2,819.40 paise and it is rounded off to Rs.2,819/-and total income comes to Rs.12,217/- (9,398+2819=12,217/-) per month and per annum it comes to Rs.1,46,604/-. Out of which, income tax of Rs.18,321/- is deducted, the net income comes to Rs.1,28,283/- and out of which, if 1/4th is deducted towards the personal expenses of the deceased, since there are four dependents, the net income comes to Rs.96,212/- per annum. The appropriate Multiplier applicable is ‘15’, since the deceased was aged about 40 years at the time of death. Therefore, the total loss of dependency comes to Rs.14,43,180/- instead of Rs.10,80,000/- awarded by the Tribunal and accordingly, it is awarded. 6. The Tribunal has awarded a sum of Rs.10,000/- towards loss of consortium and a sum of Rs.10,000/- towards loss of estate and the said compensation awarded by the Tribunal is just and reasonable and therefore, it does not call for interference. 7. However, the Tribunal has erred in not awarding any compensation towards loss of love and affection and therefore, it needs to be awarded for the reason that, claimant No.1 has lost her husband and claimant Nos.2 and 3 have lost their father at their young age and claimant No.4 has lost her son and therefore, they are entitled for compensation towards loss of love and affection. Further, the Tribunal has erred in awarding a sum of Rs.5,000/- towards transportation and funeral expenses and the same is inadequate and it needs to be enhanced. Having regard to the facts and circumstances of the case, we award a sum of Rs.20,000/- towards loss of love and affection at the rate of Rs.5,000/- each and Rs.10,000/- towards transportation and funeral expenses. 8. Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal is liable to be modified. 8. Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal is liable to be modified. The total compensation payable comes to Rs.14,93,180/- and the break-up is as follows: Towards Loss of dependency Rs.14,43,180/- Towards loss of consortium Rs.10,000/- Towards loss of love and affection Rs.20,000/- Towards loss of estate Rs.10,000/- Towards funeral and transportation expenses Rs.10,000/- Total Rs.14,93,180/- 9. Accordingly, the appeal filed by the Corporation is dismissed as devoid of merits and the Cross Objection filed by the claimants is allowed in part and the impugned judgment and award passed by the Tribunal in MVC No.210/2003 is hereby modified, granting compensation of Rs.14,93,180/- instead of Rs.11,05,000/-. The enhanced compensation comes to Rs.3,88,180/- with interest at 6% p.a., from the date of the petition till its realization. The Corporation is directed to deposit the enhanced compensation with interest, within a period of four weeks from the date of receipt of a copy of this judgment and award. Out of the enhanced compensation of Rs.3,88,180/-, a sum of Rs.2,00,000/- and a sum of Rs.1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalised or Scheduled Bank, in the name of the claimant Nos.1 and 2, for a period of five years and three years and renewable for another five years and three years respectively, with liberty to them to withdraw the interest accrued on it periodically. The remaining sum of Rs.88,180/-with proportionate interest shall be released in favour of the claimant Nos.1 to 4, in equal proportion immediately, on deposit by the Corporation. Draw the award accordingly. The statutory deposit made by the Corporation shall be transmitted to the concerned Tribunal immediately.