JUDGMENT : N.K. Mody, J. This is an appeal filed by the claimants u/s 173 of the Motor Vehicles Act against an award dated 30.9.2011 passed by Thirteenth Additional M.A.C.T., Indore in Claim Case No. 117 of 2011. By impugned award, the Tribunal has awarded a total sum of Rs. 4,71,000 with interest to the claimants for the death of one Dinesh, who died in a motor accident. According to claimants, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal that claimants have 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? 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 the claimants 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 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. 2. As observed supra, it is a death case. On 1.2.2011 Dinesh 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 his death. The case was contested by the respondents. Parties adduced evidence. Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and, as stated supra, awarded a sum of Rs. 4,71,000, break-up of which is as under: 3. Learned counsel for the appellants submits that the learned Tribunal assessed the income of the deceased at Rs. 3,000 per month and after deducting 1/4th towards personal expenses applied the multiplier of 17. It is submitted that since the accident is of the year 2011, therefore, income assessed by the learned Tribunal is on lower side, which ought to have been Rs. 5,000 per month.
3,000 per month and after deducting 1/4th towards personal expenses applied the multiplier of 17. It is submitted that since the accident is of the year 2011, therefore, income assessed by the learned Tribunal is on lower side, which ought to have been Rs. 5,000 per month. It is submitted that on other heads also amount awarded is on lower side. It is submitted that the appeal filed by the appellants be allowed and the amount of compensation be enhanced. 4. Learned counsel for respondent No. 3 submits that the amount awarded by the learned Tribunal is just and proper and no case for enhancement is made out. It is submitted that the appeal be dismissed. I have gone through the evidence adduced by the claimants. After taking into consideration all the evidence on the record this court is of the view that since the accident is of the year 2011, therefore, it appears that the income of the deceased assessed by learned Tribunal is on lower side, which ought to have been Rs. 4,000 per month. On other heads also amount awarded appears to be on lower side. In my opinion it will be proper to enhance the compensation by Rs. 1,71,000. Thus, the appellants are entitled for a total sum of Rs. 6,42,000 instead of Rs. 4,71,000. The enhanced amount of Rs. 1,71,000 shall carry interest at the rate of 8 per cent 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 per cent 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 credited on monthly basis in S.B. Account of appellant No. 1, which shall be opened by the appellant No. 1 from where appellant No. 1 can withdraw the amount as per her 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 the appellant No. 1. This order shall be executable upon payment of proportionate court-fees on the enhanced amount.
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 the appellant No. 1. This order shall be executable 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's 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 costs. On failure to comply with the aforesaid direction no interest would be payable on the enhanced amount from the date of order till the court-fees is actually paid and memo of costs is supplied to counsel for insurance company. With the aforesaid modification the appeal stands disposed of.