Jitendra Chauhan, J. CM-1810-CII-2011 Keeping in view the averments made in the application, the same is allowed. The delay of 94 days in filing the instant appeal is hereby condoned. FAO-594-2011 The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Rohtak (for short 'the Tribunal'), vide award dated 26.2.2010 in MACT case No. 173 of 2008, on account of the death of Mahender Pal, in a motor vehicular accident. In the grounds of appeal, it has been averred that the amount awarded towards funeral expenses is on the lower side. No amount has been awarded towards loss of consortium. 2. On the other hand, the learned counsel for the respondent-Insurance Company has not disputed the above facts. 3. I have heard the learned counsel for the respondent and perused the record carefully. 4. It is not disputed that death of Mahender Pal occurred on account of the injuries suffered by him in a road accident on 17.4.2008. The untimely death of Mahender Pal was a great shock to his family. He was the only bread earner of his family. He left behind six dependents. From the perusal of the case file, it emerges that no amount has been paid towards the loss of consortium. Moreover, the amount awarded towards funeral expenses is also on the lower side. In view of Rajesh and others vs. Rajbir Singh and others 2013 (3) RCR (Civil) 170, (Supreme Court), in the present case, this Court feels that the ends of justice would be met, if a lump sum amount of Rs. 1 lac as loss of consortium and funeral expenses. Ordered accordingly. 5. From the perusal of the award, it emerges that the learned Tribunal rightly assessed the month income of the deceased as Rs. 2270/- after deducting 1/4th as personal expenses of the deceased and applied the multiplier of 15, but wrongly calculated the compensation. Accordingly, the loss of dependency comes to Rs. 4,05000/- (2270 (monthly income) x 12 x 15 (multiplier). The Tribunal has awarded a sum of Rs. 10,000/- as funeral expenses. The balance amount comes to Rs. 54000/- (4,18,000-361000 (wrongly calculated by the Tribunal), which shall be paid by the respondents, in the manner indicated in the award. 6. Out of Rs. 1 lac, enhanced by this Court in lump sum, a sum of Rs.
The Tribunal has awarded a sum of Rs. 10,000/- as funeral expenses. The balance amount comes to Rs. 54000/- (4,18,000-361000 (wrongly calculated by the Tribunal), which shall be paid by the respondents, in the manner indicated in the award. 6. Out of Rs. 1 lac, enhanced by this Court in lump sum, a sum of Rs. 75,000/- shall be paid to the wife of the deceased and the remaining amount i.e. Rs. 25,000/- shall be to the other claimants in the manner indicated in the impugned award. The enhanced amount shall be paid to the claimant-appellants, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @ 8% per annum from the date of the filing of the appeal till its realisation. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. __