JUDGMENT 1. - This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act') seeking enhancement of the compensation awarded, is filed by the appellants/claimants against judgment and award dated 22.2.2001 passed by the Motor Accident Claims Tribunal, Udaipur, in Accident Claim Case No. 36/1999. 2. The appellants/claimants filed a claim petition against the respondents claiming compensation quantified at Rs. 75,00,000/- on account of death of Bhupesh Godha in a motor vehicle accident, who was chartered accountant by profession. The claimants are wife, minor daughter, father and mother of the deceased. After due consideration of evidence on record, the Tribunal arrived at the finding that the accident occurred on account of rash and negligent driving on the part of respondent-Corporation's vehicle. The compensation payable was determined as Rs. 5,62,000/- Hence, this appeal. 3. During the pendency of the appeal, the appellants No. 3 and 4, Shri K.L. Godha and Smt. K.P. Godha have died and, therefore, their legal representatives were permitted to be substituted. 4. Learned counsel for the appellants submitted that the compensation awarded by the Tribunal is too meager and, therefore, deserves to be enhanced suitably. Learned counsel submitted that the Tribunal has erred in deducting ⅓rd amount towards the expenses of the deceased, it is submitted that number of dependents being four, deduction of only 1/4th amount towards the personal expenses of the deceased would be appropriate. Learned counsel next contended that the deceased was 35 years of age and, therefore, multiplier of 16 should have been appeal instead of 8. 5. It is to be noticed that the deceased was chartered accountant by profession and was earning a sum of Rs. 1 Lac per annum. The Tribunal has deducted a sum of Rs. 35,000/- from the monthly income towards the personal expenses of the deceased. However, the number of dependents being four, the deduction towards personal and living expenses of the deceased should not exceed one fourth. The deceased being 35 years of age, the appropriate multiplier to be applied comes to 16. (Vide Sarla Verma v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121 ). Thus, the total compensation payable to the claimants deserves to be determined us under: Loss of dependency Annual Income of deceased Rs. 1,00,000/- Deduction towards personal expenses of the deceased (¼th) (-) Rs. 25,000/- Annual loss of dependency Rs.
(Vide Sarla Verma v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121 ). Thus, the total compensation payable to the claimants deserves to be determined us under: Loss of dependency Annual Income of deceased Rs. 1,00,000/- Deduction towards personal expenses of the deceased (¼th) (-) Rs. 25,000/- Annual loss of dependency Rs. 75,000/- The amount of compensation payable towards loss of dependency Rs. 75,000x12x16 Rs. 14,40,000/- Adding the amount awarded by the Tribunal under different heads Rs. 42,000/- Total Rs. 14,82,000/- Thus, the claimants are entitled for compensation quantified at Rs. 14,82,000/- as against a sum of Rs. 5,62,000/- awarded by the Tribunal.8. Accordingly, the appeal is partly allowed. The award passed by the Tribunal is modified in terms that the claimants shall be entitled for compensation quantified at Rs. 14,82,000/- The enhanced amount of compensation a sum of Rs. 9,20,000/- shall carry interest @ 6% from the date of filing of the claim petition i.e. 7.12.1993 till the realisation. The enhanced amount of compensation shall be deposited by the respondents within a period of three months failing which the amount payable in terms of the award modified as above shall carry interest @ 9%. Since, the mother and father of the deceased have expired during the pendency of the appeal, the appellant Nos. 1 and 2, the wife and daughter of the deceased shall be entitled for the enhanced amount of compensation, exclusively. No order as to costs.Appeal partly allowed. *******