JUDGMENT : S.C. Parija, J. - Heard learned counsel for the parties. This appeal by the claimants is directed against the award dated 30.06.2011, passed by the Motor Accident Claims Tribunal-I, Balasore, in M.A.C. No. 28 of 2008, awarding an amount of Rs. 1,17,000/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim application, i.e. 19.03.2008. The claimants seek enhancement of the compensation amount. 2. Learned counsel for the claimants submits that as the claimant (PW-1), who is the father of the deceased had stated that the deceased was working as tractor mechanic and was earning Rs. 3,000/- per month and in absence of any documentary evidence, learned Tribunal has erred in ignoring the same and taking the notional income of the deceased as Rs. 15,000/- per annum for calculating the loss of dependency. It is stated that as evidence has been adduced with regard to income of the deceased, learned Tribunal was not justified in taking the deceased to be a non-earning person and assessing his income notionally at Rs. 15,000/- per annum. It is further submitted that learned Tribunal erred in taking 50% towards personal expenses of the deceased which is not proper and justified. 3. Learned counsel appearing for the Insurance Company-respondent no. 2 on the other hand submits that as there was no evidence before the learned Tribunal with regard to income of the deceased except bald statement of P.W. 1, learned Tribunal has justified in taking the deceased, who is a 18 years of old boy, to be non-earning person and treating his notional income at Rs. 15,000/- per annum for the purpose of calculating the compensation amount. It is further submitted that taking into consideration the ratio of decision rendered by the apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another learned Tribunal has deducted 50% of the personal expenses. 4. Considering the grounds taken in the appeal and the submissions made by learned counsel for the parties and keeping in view the findings of the learned Tribunal as given in the impugned award with regard to the quantum of compensation amount awarded and the basis on which the same has been arrived at, I feel, the interest of justice would be best served if the awarded compensation amount of Rs. 1,17,000/- is enhanced to Rs.
1,17,000/- is enhanced to Rs. 1,75,000/- (Rupees One lakh seventy five thousand), which is payable to the claimants along with interest @ 7.5% from the date of filing of the claim application. The impugned award is modified to the said extent. 5. The Insurance Company-respondent no. 2 is directed to deposit the modified compensation amount of Rs. 1,75,000/-(Rupees One lakh seventy five) along with interest @ 7.5% per annum from the date of filing of the claim application with the learned Tribunal within six weeks hence. On deposit of the said amount, the same shall be disbursed to the claimants proportionately as per the direction of the learned Tribunal given in the impugned award. M.A.C.A. is accordingly disposed of. Final Result : Disposed Off