JUDGMENT : J.K. Maheshwari, J. Assailing the award dated 31st July, 2008 passed by the 12th Additional Motor Accident Claims Tribunal (Fast Track Court), Gwalior in Claim Case No. 132/2007 on the point of inadequacy of the compensation, the appellants have preferred this appeal u/s 173 of the Motor Vehicles Act, 1988. The appellants had filed the claim petition u/s 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 41,80,896/- on account of death of deceased Pradeep Kumar Shrivastava in an accident took place on 19th September, 2007. It was pleaded by the claimants i.e., wife and kids that the earning member of the family has died in the accident having his earning from the job in M.P. Electricity Board, however the compensation as prayed in the claim petition may be awarded. 2. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs. 13,67,000/- accepting the earning of the deceased Rs. 1,33,200/- per annum, applying the multiplier of 15 and after deducing 1/3 towards personal expenses. The Tribunal has also awarded some amount in conventional heads i.e., funeral Rs. 10,000/-, in consortium Rs. 10,000/- and in love and affection Rs. 15,000/- by the impugned award. 3. As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellants by the Tribunal and none of those findings have been assailed at the instance of the respondents i.e., owner, driver or Insurance Company by filing the cross-appeal or the cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs. 4. Shri Shankar Dhingra, learned Counsel representing the appellants contends that due to the said accident Pradeep Kumar Shrivastava has died, who was the sole bread earner of the family. The compensation awarded by the Tribunal is inadequate, because the earning has not been duly assessed and the multiplier has also not properly applied for, while determining the loss of dependency.
Shri Shankar Dhingra, learned Counsel representing the appellants contends that due to the said accident Pradeep Kumar Shrivastava has died, who was the sole bread earner of the family. The compensation awarded by the Tribunal is inadequate, because the earning has not been duly assessed and the multiplier has also not properly applied for, while determining the loss of dependency. In conventional heads i.e., funeral, consortium, love and affection, loss of estate the amount as awarded in on lower side and deserves enhancement. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for. 5. On the other hand Shri S.N. Gajendragadkar, learned Counsel representing the respondent/Insurance Company contends in support of the findings of the Claims Tribunal and submitted that the compensation as awarded by the impugned award appears to be just and reasonable, however, interference by this Court for enhancement of the compensation is not warranted. 6. After having heard learned Counsel appearing for the parties and on persual of the pleadings and the evidence so adduced, it appears that the net salary of the deceased was assessed to be Rs. 13,511/- per month which annually comes to Rs. 1,62,132/-. If Rs. 24,320/- is added towards future prospects, the sum comes to Rs. 1,86,452/-. If 1/4th i.e., Rs. 62,150/- is deducted towards personal expenses, then the annual loss of dependency comes to Rs. 1,24,302/-. If the multiplier of 14 is made applicable, then the total sum comes to Rs. 17,40,228/-. If Rs. 25,000/- is further added in other heads, then the total sum comes to Rs. 17,65,228/-. If Rs. 13,67,000/- as awarded by the Claims Tribunal is deduced, then the net enhanced amount comes to Rs. 3,98,228/- which shall be payable alongwith the interest from the date of filing of the claim petition. In view of the forgoing discussions, the appeal succeeds and is hereby allowed in part. The appellants are held entitled to receive the enhanced amount of Rs. 3,98,228/- in addition to the amount of compensation already awarded by the Claims Tribunal. The enhanced amount shall carry interest @ 7.5% per annum from the date of filing of claim petition till its realization. In the facts of the case, parties are directed to bear their own costs.