ORDER 1. The is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 18.11.2010 passed by Motor Accident Claims Tribuanl, Ratlam in Claim Case No. 102/09. By the impugned award , Claims Tribunal has awarded a total sum of Rs. 3,75,000/- with interest to the claimants for the death of one Madhusingh 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 all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant’s favour are under challenge at the instance of any of the respondents such as owner/driver 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. Break-up of the amount awarded is as under:- Towards loss of dependency Rs. 3,60,000/- Towards loss of love and affection Rs. 5,000/- Towards funeral expenses Rs. 5,000/- Towards loss of estate Rs. 5,000/- 4. Learned counsel for the appellant submits that in a motor accident which took place on 21.1.2009, one Madhusingh died. It is submitted that for the purpose of computation of loss of dependency, learned tribunal assessed the income @ Rs. 100/- per day and after deducting 1/3rd personal expenses, applied the multiplier of 15. It is submitted that income assessed is grossly inadequate and in other heads also the amount awarded is on lower side. It is prayed that appeal be allowed and amount be enhanced. 5. Learned counsel for respondent/Insurance company submits that amount awarded is just and proper, and appeal has no merits and the same be dismissed. 6.
It is submitted that income assessed is grossly inadequate and in other heads also the amount awarded is on lower side. It is prayed that appeal be allowed and amount be enhanced. 5. Learned counsel for respondent/Insurance company submits that amount awarded is just and proper, and appeal has no merits and the same be dismissed. 6. Keeping in view that accident is of the year 2009, this Court is of the view that income ought to have been assessed @ Rs. 3,500/- per month. In view of this, appellants are entitled for the followed amount:- Towards loss of dependency Rs. 4,20,000/- Towards loss of love and affection Rs. 10,000/- Towards funeral expenses Rs. 5,000/- Towards loss of estate Rs. 5,000/- Towards transport exp. Rs. 10,000/- Total Rs. 4,55,000/- Thus, appellants are entitled for a sum of Rs. 4,55,000/-instead of Rs. 3,75,000/-. The enhanced amount of Rs. 80,000/- shall carry interest @ 8% per annum from the date of application. 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 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 from where the amount can be withdrawn as per needs. However, on an application by the appellant No. 1 this condition could be modified by the learned tribunal in exceptional circumstances, if made out by appellant No. 1. 7. This order shall be executable only upon payment of proportionate court fee on the enhanced amount. The court fee be paid within 3 months from the date of this order. Registry to prepare memo of costs. The appellant’s counsel shall provide certified copy of memo of costs to the counsel for respondent/Insurance company which shall thereafter deposit the enhanced amount with costs with theTribunal within one month from the date of receipt of memo of cost. Failure to comply with the direction, no interest would be payable on the enhanced amount from the date of order till court fee is actually paid and memo of costs is supplied to counsel for respondent/Insurance Company. 8. With the aforesaid observation, the appeal stands disposed of.