ORDER (Oral) 1. The appellants-claimants have preferred this appeal under section 173 (I) of the Motor Vehicles Act of 1988, in short 'The Act", for further enhancement of the sum awarded by the Additional M.A.C.T., Nagod, district Satna in MVC No. 166/2008, vide award dated 30.9.2009, whereby the claim of the appellants regarding death of their son Sunil Kumar, aged about 18 years in the alleged vehicular accident has been awarded against respondent Nos. 1 and 2 by saddling their joint and several liablility to pay the sum of Rs. 1,80,000/- along with interest @ 6% p.a. from the date of filing the claim petition, i.e., 7.7.07. 2. The happening of the alleged accident on dated 22.6.07 due to rash and negligent driving of the offending tractor bearing registration No. MP19-0-5123 with the trolley No. MP-19-0-5155 by respondent No. I and the death of said Sunil Kumar due to injuries sustained in such accident are not in dispute between the parties as against such findings of the tribunal no appeal is preferred on behalf of the any of the respondents. In such, premises, mentioning the entire facts of the case in this order are not necessary hence this order is being passed only by mentioning the facts, which are necessary to adjudicate this appeal. 3. The appellants being parents of the deceased by relying on all other findings of the Tribunal have filed this appeal only for enhancement of the sum awarded by the tribunal. 4. After taking me through the pleadings, evidence and exhibited documents, appellant's counsel has argued that in the available circumstances the Tribunal ought to have assessed the sum of the compensation taking into consideration the expected income of the deceased, @ Rs. 80/- per day and in such premises. Rs. 2.400/- per month but contrary to available evidence the same was assessed on the basis of notional income of Rs. 15.000/- p.a. In continuation he argued that keeping in view the income of the deceased @ R). 80/- per day. if the assessment is carried but by adopting the guidelines given by the apex Court in the matter of Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 then keeping in view that claim is preferred by the parents of the deceased, then after deducting the 50% sum regarding expenses of the deceased. which he would have spent on him, had he been alive, then annual dependency comes to Rs. 14,400/-. Then on adopting the multiplier of 18 relating to the age of deceased, i.e., 18, years, the sum awarded by the Tribunal appears to be very lower side and prays for further enhancement of the same accordingly by allowing this appeal. 5. The aforesaid argument is responded by Shri Harpreet Singh Ruprah, the counsel for respondent No. 2- Insurer saying that the approach of the Tribunal holding the expected income of the deceased @ Rs. 15,000/- p.a. the notional income being based on proper appreciation of evidence and with conformity of law does not require any interference at this stage for further enhancement .at the awarded sum. He also argued that even on taking the face value of the evidence led by the appellants, the income of the deceased could not be held to more than Rs. 50/- per day and. in such premises, prayed for dismissal of this appeal. 6. Having heard the parties, keeping in view their arguments, I have carefully gone through the record and also perused the impugned award. 7. As per pleadings of the appellants in the Tribunal the deceased was earning Rs. 80/- per day and on that basis the impugned claim was preferred on behalf of the appellants for the sum of Rs. 13,25,500/-. Although the averments of the claim petition were denied on behalf of the respondents but after recording the evidence, on appreciation of the same, the tribunal has come to this concision that the deceased was working as agricultural labourer for the land belonging to the other persons of the village and in such premises, after holding his expected income @ Rs. 15,000/- p.a. by assessing the sum, accordingly. the impugned award has been passed. 8. It is undisputed fact that the alleged accident took place on 22.6.07 and in any case even in the lack of any positive evidence on record, in the available circumstance~, it could be deemed that in such year also the labour like the deceased was earning near about Rs. 80/- per day as probably the minimum wages was also not fixed by the District Administration of such district below Rs. 80/- per day as probably the minimum wages was also not fixed by the District Administration of such district below Rs. 80/- per day and in such premises, I am of the view that the Tribunal ought to have taken into consideration the income of the deceased @ Rs. 80/- per day but the Tribunal has committed grave error in not taking into consideration such income of the deceased. So finding of the Tribunal in this regard is hereby set aside and the expected income of the deceased is held to be Rs. 80/- per day. 9. I deem fit to assess the total loss of dependency of the appellants on the deceased, keeping in view the guidelines laid down by the apex court in the matter of Sarla Verma (supra). According to cited case after assessing the income of the deceased, keeping in view that the claim is preferred by the parents of the deceased. the Court has to deduct 500/1' sum from his annual income regarding expenses of the deceased. which he would have spent on him. had he been alive and accordingly by assessing the annual dependency or the appellants on the deceased by adopting the multiplier of 18. which is provided in the said cited case for the age group of the deceased. i.e. 18 years, the Court has to assess the total dependency of the appellants. 10. On carrying out the assessment in accordance with the aforesaid guidelines, the monthly income of the deceased comes to Rs. 80x30=2,400 . In such premises, his annual income comes to Rs. 2,400x 12= 18800/- out of which after deducting 50% sum regarding expenses of the deceased. as staled above, the annual dependency of the appellants comes to Rs. 28800-14400= 14400. On adopting the multiplier of 18, total loss of dependency of the appellants on the deceased comes to Rs. 14400 x 18=2.59,200/- (Rs. Two lacs fifty nine thousand two hundred only). The same is awarded to the appellants. Besides this, the appellants are also entitled for the sum of Rs 15,000/- on the conventional heads, like funeral expenses, loss of expectancy of life and the loss of estate of the deceased. Accordingly total compensation comes to Rs. 2,74,200/-. (Rs. two lacs seventy four thousand only). The same is rounded up to Rs. 2,75,000/-, (Rs. two lacs seventy five thousand dl two hundred only). The same is awarded. Accordingly total compensation comes to Rs. 2,74,200/-. (Rs. two lacs seventy four thousand only). The same is rounded up to Rs. 2,75,000/-, (Rs. two lacs seventy five thousand dl two hundred only). The same is awarded. It is noted that the sum which has I already been paid by the respondents to the appellants in compliance of the impugned award shall be deducted from the aforesaid assessed sum. 11. In view of the aforesaid, by allowing this appeal in part, the sum awarded by the Tribunal, i.e. Rs. 1.80,000/- is enhanced from such sum to Rs. 2,75,000/-, (Rs. two lacs seventy five thousand only), as discussed above. The enhanced sum shall also follow the interest @ 6% p.a. from the date of filing the claim petition. The liability to pay the enhanced sum is saddled jointly and severally against the respondent Nos. 1 and 2. They also directed to deposit the enhanced sum within three months from today. in the facts and circumstances, there shall be no order as to the costs. Till this extent the findings of the impugned award are modified while the remaining findings are hereby affirmed. The appeal is allowed in part. as indicated above.