RAFIQ, J.—Claimants have filed this appeal seeking enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Kekri (Ajmer), vide its award dated 12.12.2002 in MAC Case No.154/1992, whereby learned Tribunal awarded compensation of Rs.1,65,000/- to claimants for death of Ahmed Bax Luhar in a road accident. 2. Only argument that has been pressed by learned counsel for appellants in seeking enhancement of compensation is that learned Tribunal has erred in law in deducting half of the amount out of income of deceased for his own expenses, even though when there were three claimants of deceased. Learned Tribunal did so on premise that mother and daughter of deceased died during pendency of claim case but before passing of award. 3. Learned counsel for respondent insurance company sought to support aforesaid finding of learned Tribunal saying that the issue as to who were claimants, has to be seen as on the date on which award is passed. 4. I am afraid, this analogy cannot be applied. In instant case, accident took place on 21.02.1992 and claim petition was immediately filed within that year. If the Tribunal was not able to decide claim case till 12.12.2002, when award was passed i.e. for more than decade, litigants cannot be made to suffer for laxity on the part of the system. Keeping in view number of three dependents, learned Tribunal ought to have deducted 1/3rd instead of 50% for personal expenses of the deceased, and in not doing so, it has committed an illegality in passing the impugned award. The Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another – (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), has also held that where number of dependents are three, deduction for own expenses of deceased should be 1/3rd. On the basis of evidence, learned Tribunal has rightly assessed monthly income of deceased at Rs.1500/-. Multiplier of 15 has also been rightly applied while passing the award. After deducting 1/3rd from assessed income of deceased for his own expenses, monthly dependency would come to Rs.1000/-. Calculating thus, the compensation would come to Rs.1,80,000/- (1000x12x15). Award of Rs.30,000/- on non-pecuniary heads i.e. loss of consortium, loss of love and affection and other expenses, is maintained. 5. Claimant-appellants are thus entitled to receive compensation of Rs.2,10,000/- (180000+30000) instead of Rs.1,65,000/-.
Calculating thus, the compensation would come to Rs.1,80,000/- (1000x12x15). Award of Rs.30,000/- on non-pecuniary heads i.e. loss of consortium, loss of love and affection and other expenses, is maintained. 5. Claimant-appellants are thus entitled to receive compensation of Rs.2,10,000/- (180000+30000) instead of Rs.1,65,000/-. The appellants would be entitled to interest at the rate of 6% per annum on enhanced amount of compensation from date of filing of claim petition till actual payment thereof. Appeal accordingly stands partly allowed.