ORDER 1. This appeal is filed by the appellant under section 173 of the Motor Vehicles Act against an Award dated 25.9.2008, passed by learned Member MACT, Dhar in Claim case No. 117/207. By the impugned award the Claims Tribunal has awarded a total sum of Rs. 3,69,500/- with interest arising out of an accident occurred on 2.12.2006 causing death of Mahendra. 2. Appellants had filed the claim petition under section 166 and 140 of the Motor Vehicles Act, seeking compensation to tune of Rs. 8,00,000/-. It is pleaded by the claimants i.e. widow, father and mother that the sole bread earner of the family has died in the accident, however, the compensation as prayed in the claim petition may be awarded. 3. The Tribunal has awarded the total sum of Rs. 3,69,500/- out of which in loss of dependency Rs. 3,60,000/- accepting the earning of the deceased Rs.2,500/- per month, applying the multiplier of 18 and after deducting 1/3 towards personal expenses. In conventional heads Rs.9,500/- has been awarded. According to the appellant the compensation granted by the Tribunal in impugned award is inadequate and in lower side, which is liable to be enhanced. 4. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, negligence in driving the offending vehicle and the issue of liability who is liable to pay compensation. The Tribunal has already recorded the findings on these issues in favour of the appellants. None of those findings have been assailed at the instance of the respondent i.e. owner/driver/Insurance Company by filing cross appeal or cross objection. Thus it is not necessary to burden the judgment by detailing the facts on the said issues. 5. Shri Chouhant learned counsel for the appellant has drawn my attention to the pay slip of the deceased Ex. P-14, whereby it is apparent that he is getting salary Rs. 3,026/- per month from the Force India Pvt. Ltd. The plea in this respect is available on record. On perusal of the said document it is apparent that the ESI, provident find, etc. was being deducted from the salary. Considering all these aspects there is no reason to disbelieve such certificate. Accordingly, it is urged that the compensation ought to have been calculated by the Tribunal accepting the salary slip Ex.P-14.
On perusal of the said document it is apparent that the ESI, provident find, etc. was being deducted from the salary. Considering all these aspects there is no reason to disbelieve such certificate. Accordingly, it is urged that the compensation ought to have been calculated by the Tribunal accepting the salary slip Ex.P-14. It is also contended that in conventional heads the amount as allowed is inadequate and in the head of future prospects also some amount may be awarded in the light of the judgment of apex Court in the case of National Insurance Co. Ltd. v. Indra Shrivastava, 2008 (1) ACJ 614 6. On the other hand Shri Khare learned counsel appearing for the respondent/Insurance Company has contended in support of the findings of the Claim Tribunal and argued that the compensation as awarded by the Tribunal/accepting the salary as Rs. 2,500/- per month is just and proper, which do not warrant an interference by this Court. 7. After having heard learned counsel appearing on behalf of the parties, an on perusal of the document Ex. P-14 and the pleading that the deceased was employee of Force India Pvt. Ltd. and getting Rs. 3,026.02/- per month. All these deductions are beyond the deduction which may be deducted from the salary in the judgment of National Insurance Co. Ltd. (supra). However, the salary Rs. 3,000/- per month may safely be accepted thereby the annual income comes to Rs. 36,000/- and after deducting 1/3 it comes to Rs. 24,000/-. If multiplier of 18 is made applicable then the total amount in the head of loss of dependency comes to Rs.4,32,000/-.Rs. 25,000/- is further awarded in the conventional heads, and Rs. 50,000/- is also awarded in the head of future prospects. In view of the foregoing the total sum of compensation comes to the tune of Rs. 5,07,000/-. If we deduct the amount awarded by the Tribunal Rs.3,69,500/1, then the remaining amount comes to Rs. 1,37,500/- which is liable to be enhanced. 8. Accordingly this appeal is allowed in part. The compensation as allowed by the Tribunal is enhanced to the sum of Rs. 1,37,500/- in addition to the compensation already awarded by the Tribunal. The enhanced amount shall carry interest @ 7.5% per annum from the date of claim petition till its relization. In the facts and circumstances of the case parties are directed to bear their own costs.