Hon'ble GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement against the award dated 3.4.1999 passed in MAC No. 1333/1996. 2. The claim petition was filed by the claimants-appellants on account of death of Shri Kallu, who died in a motor accident, which occurred on 1.12.1995. The appellant No. 1 is the wife of the deceased and the appellant No. 2 is daughter of the deceased and mother is also added as proforma respondent. 3. The brief facts of the case are that on 7.12.1995, at about 7.16 PM, Shri Kallu and Kalu @ Moinuddin were going on scooter No. RPE 777 on Delhi Bye-pass Road when a truck No. DL-1G-5588, driven rashly and negligently by respondent No. 1, hit the scooter due to which Kallu sustained serious injuries and he died on the spot. 4. The contention of the present appellants is that at the time of the death, the deceased was about 40 years of age and he was earning Rs. 3,000/- per month. He was doing the business of gems and jeweleries and there were good chances of rise in income looking to his bright future. But, the learned Tribunal has assessed his income as only Rs. 2,000/- per month and at the same time, it has also been submitted that looking to the number of dependents, amount of 1/3rd should have been deducted instead of calculating it in unitwise system. It was also stated that for loss of love & affection and consortium, less amount has been calculated and hence the compensation should be enhanced. 5. Heard learned counsel for the parties and perused the relevant record, specially the impugned judgment and award. 6. Taking note of the evidence produced before the learned Tribunal, it has rightly calculated the income of the deceased as Rs. 2,000/- as there was no documentary or independent evidence to show the income of the deceased and on the unit system, only Rs. 15,430/- has been calculated as the dependency over the deceased but looking to the number of dependents-wife, children and mother, it would be reasonable to deduct 1/3rd on account of personal expenses of the deceased. Multiplier of 16 has rightly been applied by the learned Tribunal. Hence, the compensation in the head of dependency comes to Rs. 24,000 - 8,000 = Rs. 16,000 x 16 = 2,56,000/-. 7.
Multiplier of 16 has rightly been applied by the learned Tribunal. Hence, the compensation in the head of dependency comes to Rs. 24,000 - 8,000 = Rs. 16,000 x 16 = 2,56,000/-. 7. In the head of loss of love & affection and consortium, it will be proper to award a sum of Rs. 5000/- to daughter and mother and Rs. 10,000/- to the wife for the loss of consortium. 8. The total compensation, therefore, comes to Rs. 2,56,000 + Rs. 10,000 + Rs. 10,000 = Rs. 2,76,000/-. The compensation has, therefore, enhanced by Rs. 2,76,000 = Rs. 2,76,000 - Rs. 2,56,880 = Rs. 19,120/-. 9. In the result, the appeal is allowed and the compensation is enhanced by Rs. 19,120/- along with interest @ 7-1/2% per annum on the enhanced amount from the date of filing appeal till actual payment is made. The other conditions will remain same as has been imposed by the learned Tribunal.