ORDER N.K. Mody, J. 1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 22.4.2008, passed by Addl. MACT, Indore in claim case No.79/2007. By impugned award, the Claims Tribunal has awarded a total sum of Rs.3,80,000/- with interest to the claimants for the death of one Rajendra Devda, who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts / evidence adduced is made out in the compensation awarded and if so to what extent ? 2. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues. 3. As observed supra, it is a death case. On 16.4.2007, Rajendra Devda, aged 43 years, met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs.3,80,000/- breakup of which is as under :- Rs.3,60,000/- Towards loss of dependency. Rs. 20,000/- Towards other heads. Rs.3',80,000/- Total 4. Learned counsel for the appellants submit that learned Tribunal assessed income of the deceased @ Rs.3,000/- per month and after deducting l/3rd towards personal expenses applied multiplier of 15. It is submitted that there are four dependents. Reliance is placed on a decision in the matter of Sarla Verma Vs. Rs. 20,000/- Towards other heads. Rs.3',80,000/- Total 4. Learned counsel for the appellants submit that learned Tribunal assessed income of the deceased @ Rs.3,000/- per month and after deducting l/3rd towards personal expenses applied multiplier of 15. It is submitted that there are four dependents. Reliance is placed on a decision in the matter of Sarla Verma Vs. Delhi Transport Corporation reported in 2009 ACJ 1298 . Learned counsel for the appellants submit that the income of the deceased was RS.96,260/-AS shown by him in his Income-tax return Ex.P/12, which was submitted by the deceased in his life time. It is submitted that appeal be allowed and amount of compensation be enhanced. 5. Learned counsel for respondent No.3, submits that the amount awarded by learned Tribunal is just and proper, which requires no enhancement. It is submitted that appeal be dismissed. 6. So far as the income of the deceased is concerned, it is true that the income of the deceased is shown as Rs.96,260/- in the Income tax return Ex.P/12. It is also true that the return was filed on 2.9.2005 while Rajendra died on 16.4.2007. However, that cannot be the basis for determination of the income of deceased because of following reasons. :- 1. Ex.P/12 is the photocopy. Original is not filed for the best reasons known to the appellants. 2. In the return for the year 2004-05, which has not been got exhibited by the appellants, the income of the deceased is shown as 29,950/- from the business. 3. How the income jumped in one year from Rs.29,950/- to Rs.96,260/-, there is no evidence. 7. I have gone through the evidence adduced by the claimants and also the law laid down in the matter of Sarla Verma, keying in view the formula given in first sub para of para 13, wherein the example quoted is identical to the situation of present case, this Court is of the view that deduction of 1/3rd towards personal expenses is just and reasonable. However, keeping in view the fact that deceased was having his own business, which he was carrying in the name and style of M/s Modern Box Makers and also the fact that deceased was Income-tax payee, this Court is of the view that income of the deceased is assessed on lower side. It will be proper to assess the income @ Rs.4,000/- per month. It will be proper to assess the income @ Rs.4,000/- per month. The appellants are entitled for the following amount: Rs.4,80,000/- Towards toss of dependency. Rs. 5,000/- Towards funeral expenses. Rs. 5,000/- Towards loss of consortium. Rs. 5,000/- Towards loss of estate. Rs. 15,000/- Towards love and affection. Rs.5,10,000/- Total 8. Thus, the appellants are entitled for Rs.5,10,000/-, instead of Rs.3,80,000/-. The enhanced amount of Rs. 1,30,000/-, shall carry interest @ 8% p.a. from the date of accident. The amount awarded shall be deposited by the Insurance Company with the learned tribunal and the learned tribunal is directed to invest 80% of the said amount on long term fixed deposit in the name of appellant No. 1 in the nearest Nationalized Bank, in the area where the appellant No. 1 is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. Account of appellant No. 1, which shall be opened by the appellant No. 1 from where appellant No. 1 can withdraw the amount as per her needs. However, on an application by the appellant No. 1 this condition could be modified by the learned tribunal in exceptional circumstances such as educational and marital needs of appellant Nos. 2, 3 and 4, if made out by the appellant No. 1. 9. With the aforesaid modification the appeal stands disposed of. No order as to costs.