JUDGMENT Mr. Rakesh Kumar Garg, J.: (Oral) - This is claimants’ appeal challenging the impugned award on the ground that compensation granted to them is inadequate. 2. The instant claim application was filed under Section 163-A of the Motor Vehicles Act by the claimant-appellants seeking compensation on account of death of one Sukhmander Singh, who died in a motor vehicular accident on 24.04.2004, due to use of offending vehicle i.e. truck No.RJ-31-G-4232 which was duly insured with respondent No.3. 3. The Tribunal applying a cut of 1/3rd toward his personal expenses and a multiplier of 16 ordered payment of total compensation of Rs.1,33,000/- after determining annual income of the deceased at Rs.12,000/- per annum. 4. Learned counsel appearing on behalf of claimant/appellants has vehemently argued before this Court that annual income of the deceased has been wrongly determined at Rs.12,000/- per annum as there is ample evidence on record to prove the fact that the deceased was earning about Rs.2500-3000/- per month. 5. Counsel for the appellants has referred to the fact that employer of the deceased, Jaspal Singh has stepped into witness box as AW2. In his cross-examination, he has stated that he used to pay a sum of Rs.12,000-13,000/- per annum along with food to the deceased. Counsel for the appellant has pointed out that it has further come in his statement that the deceased used to earn Rs.2500- 3000/- per month and thus, according to the counsel for appellants, the income of the deceased should have been determined at Rs.30,000/- per annum. 6. However, learned counsel representing the respondent- Insurance Company has supported the impugned award and has submitted that there is no evidence on record to prove the assertion on behalf of the claimants as raised. 7. Be that as it may, the claimants have proved on record by producing the witness that deceased was earning Rs.2500-3000/- per month. There is no rebuttal evidence to controvert the aforesaid fact on record. 8. In view thereof, this Court is of the view that while computing compensation, income of the deceased has been wrongly assessed and the same should have been determined at Rs.30,000/-. After taking the annual income at Rs.30,000/- after applying a cut of 1/3rd and taking the annual dependency at Rs.20,000/- and applying multiplier of 16, the total compensation payable shall come to Rs.3,20,000/-. After taking the annual income at Rs.30,000/- after applying a cut of 1/3rd and taking the annual dependency at Rs.20,000/- and applying multiplier of 16, the total compensation payable shall come to Rs.3,20,000/-. Appellants are also held entitled to Rs.9,500/- as miscellaneous expenses under the structured formula. 9. Thus, a total sum of Rs.3,29,500/- as compensation is assessed in favour of the appellants on account of death of deceased-Sukhmandher Singh. 10. Let the balance amount of compensation be paid to the claimants within two months along with interest @ 7.5% per annum from the date of filing of the claim application till its realization. 11. The impugned award is modified to the aforesaid extent. Allowed. ---------0.B.S.0------------ —————————