JUDGMENT : N.K. Mody, J. Being aggrieved by the award dated 19-11-2010 in claim case No. 23/2010 passed by MACT, Mandsaur whereby learned tribunal awarded a total sum of Rs. 1,63,400/- with interest to the claimants. 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/reduction, in compensation awarded by the Tribunal on facts/evidence adduced is made out 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 19-1-2010 deceased/Gopal, who was aged 45 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 death. The case 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. 1,63,400/-, break-up of which is as under :- Loss of dependency Rs. 1,48,400/- Funeral expenses Rs. 5,000/- Loss of consortium Rs. 5,000/- Loss of estate Rs. 5,000/- Total Rs. 1,63,400/- 4. Learned counsel submits that learned tribunal after assessing the income @ Rs. 14,400/- per annum, deducted one fourth towards personal expenses, applied the multiplier of 14, awarded Rs. 1,63,400/-. It is submitted that appellant No.2 is the son of deceased who is mentally retarded. It is submitted that in a death case amount awarded is grossly inadequate. It is submitted that amount awarded is inadequate which deserves to be enhanced by allowing the appeal filed by the appellants. 5.
1,63,400/-. It is submitted that appellant No.2 is the son of deceased who is mentally retarded. It is submitted that in a death case amount awarded is grossly inadequate. It is submitted that amount awarded is inadequate which deserves to be enhanced by allowing the appeal filed by the appellants. 5. Learned counsel for respondent No.3 submits that in the facts and circumstances of the case, the amount awarded by the learned tribunal is just and proper which requires no interference and the appeal filed by the appellants be dismissed. 6. After taking into consideration all the facts and circumstances of the case, it appears that since the accident is of the year 2010 and the fact that deceased was resident of District Mandsaur, this Court is of the opinion that income ought to have been assessed @ Rs. 4000/- per month and multiplier of 15 ought to have been applied. Thus, a case of enhancement is made out. In view of this, the appeal filed by the appellants is allowed and appellants are entitled for the following amount : Loss of dependency Rs. 5,40,000/- Funeral expenses Rs. 5,000/- Loss of consortium Rs. 5,000/- Loss of estate Rs. 5,000/- Loss of love and affection Rs. 20,000/- Total Rs. 5,75,000/- 7. Thus, the appellants are entitled for total sum of Rs. 5.75.000/- instead of Rs. 1,63,400/-. The enhanced amount of Rs. 4,11,600/- shall carry interest @ 8% p.a. from the date of filing the application which shall be payable to appellant No.1. The enhanced amount shall be deposited by the respondent No.3 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 Nationalised 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 credit on monthly basis in S. B. Account of appellant No.1, which shall be opened by the appellant No. I from where appellant No.I can withdraw the amount as per needs of rest of the appellants. However, on an application by the appellant No.1, this condition can be modified by the learned tribunal in exceptional circumstances, if made out by the appellant No.1. 8.
However, on an application by the appellant No.1, this condition can be modified by the learned tribunal in exceptional circumstances, if made out by the appellant No.1. 8. This order shall be executed upon payment of proportionate Court fees on the enhanced amount. The Court fees be paid within 3 months from the date of this order. Registry to prepare memo of costs. The appellant counsel shall provide certified copy of memo of costs to the counsel for Insurance Company. The Insurance Company thereafter shall deposit the enhanced amount with costs with the Tribunal within one month from the date of receipt of memo of Cost. Failure to comply with the aforesaid direction no interest would be payable on the enhanced amount from the date of judgment till the Court fees is actually paid and memo of costs is supplied to counsel for Insurance Company. 9. With the aforesaid modifications, the appeal stands disposed of. C. C. as per rules.