JUDGMENT 1. - This appeal is directed against the judgment and award dated 29.08.2002 passed by Motor Accident Claims Tribunal, Phalodi ('the Tribunal'), whereby, for the death of one Dan Singh, the Tribunal has awarded a sum of Rs. 3,34,000/- as compensation alongwith interest @ 9% per annum from the date of filing application for compensation ('the application') i.e. 02.11.2000. 2. The facts in brief may be noticed thus: the deceased Dan Singh was working as an additional driver alongwith one Mohan Lal, when on 18.12.1999 the Truck bearing Registration No.RJ- 07-G-1240, which was driven by Mohan Lal was crossing an unmanned railway crossing on account of the said driver Mohan Lal not taking care the same, collided with the rushing Train, resulting in the death of both Mohan Lal and Dan Singh. 3. The claimants- wife, children, father & brothers of the said Dan Singh filed the application seeking compensation of Rs. 24,44,000/- with the averments that the deceased was aged about 24 years and his monthly salary while working as a driver was Rs. 4,500/- per month and he used to get Rs. 50/- per day as daily allowance. The application was replied by the parties and the averments contained in the application were denied. 4. Evidence was led by the claimants, whereby, three witnesses were examined. No evidence was led by the owner and Insurer of the vehicle. After hearing of the parties, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by driver Mohan Lal. The driver Mohan Lal was in possession of a valid driving licence and the deceased Dan Singh cannot be held to have contributed in the accident. 5. While considering the issue relating to quantum of compensation, the Tribunal assessed the income of the deceased at Rs. 2,400/- per month, deducted ⅓ towards personal expenses and applied multiplier of 17, and awarded a sum of Rs. 3,26,400/- towards loss of income, Rs. 1,000/- towards conveyance expenses, Rs. 600/- towards loss of clothes, shoes etc., Rs. 1,000/- towards funeral expenses, Rs. 2,500/- towards loss of love and affection to the wife and children of the deceased and Rs. 2,500/- towards mental agony to the father & brothers and in all awarded a sum of Rs. 3,34,000/- alongwith interest @9% per annum as indicated hereinbefore. 6. 600/- towards loss of clothes, shoes etc., Rs. 1,000/- towards funeral expenses, Rs. 2,500/- towards loss of love and affection to the wife and children of the deceased and Rs. 2,500/- towards mental agony to the father & brothers and in all awarded a sum of Rs. 3,34,000/- alongwith interest @9% per annum as indicated hereinbefore. 6. It is submitted by the learned counsel for the appellants that the Tribunal fell in error in assessing the income of the deceased at Rs. 2,400/- per month only and rejecting the oral evidence led by the claimants for which there was neither any cross-examination nor any rebuttal. It was further submitted that the deduction of ⅓ is contrary to the law laid down by the Hon'ble Supreme Court in the case of Sarla Verma & Ors. v. Delhi Transport Corporation, (2009) 6 SCC 121 , it was further submitted that award of Rs. 2,500/- to the wife, children and father towards loss of love & affection and consortium is wholly inadequate. 7. On the other hand, the learned counsel for the respondents supported the award impugned. It was submitted that the deceased was only working as an additional driver and it cannot be said that he was earning salary @ Rs. 4,500/- per month and Rs. 50/- per day as daily allowance. It was submitted that in the over all facts and circumstances of the case, the award passed by the Tribunal is adequate and does not call for any interference. 8. I have considered the rival submissions. 9. It was a specific case of the claimants that the deceased was getting salary of Rs. 4,500/- per month alongwith Rs. 50/- per day as daily allowance. In the oral evidence also wherein wife Dhapu Kanwar (AW-1) and father Hamir Singh (AW-2) appeared in the witness-box, clearly supported the said version in the claim application. No cross-examination worth the name was done by the Insurance Company and the fact of his contributing Rs. 4,500/- per month was fortified. From the Exhibit - 16 the driving licence of the deceased Dan Singh, it is apparent that his date of birth was 25.02.1972 and he was possessing driving driving licence for driving Heavy Transport Vehicle w.e.f. 21.07.1997 to 30.07.2000. 4,500/- per month was fortified. From the Exhibit - 16 the driving licence of the deceased Dan Singh, it is apparent that his date of birth was 25.02.1972 and he was possessing driving driving licence for driving Heavy Transport Vehicle w.e.f. 21.07.1997 to 30.07.2000. The Tribunal while considering the income of the deceased was of the opinion that as during the Police Investigation one witness Prem Singh stated that the deceased Dan Singh was working as helper driver for about 21/2 month, therefore, he was not a fully competent driver and assessed the income at Rs. 2,400/- per month and also, based on its own perception, held that a helper driver is not entitled for daily allowance and, therefore, rejected the claim of daily allowance as well. The approach of the Tribunal is apparently incorrect. From the driving licence Exhibit - 16, it is apparent that the deceased was in possession of driving licence entitling him to drive Heavy Transport Vehicle for more than 21/2 years at the time of his death, AW-1 Dhapu Kanwar clearly stated in cross-examination that her husband was driving Truck ever since he learnt driving, which necessarily means that the case of the claimants had been that he was driving the Truck since he had the driving licence. Further, there is no warrant in law for the observations made by the Tribunal that a helper driver is not entitled for any daily allowance. 10. In that view of the matter, keeping in view that the accident occurred on 18.12.1999, the income of the deceased is assessed at Rs. 3,600/- per month alongwith a daily allowance of Rs. 25/- per day. Consequently, the monthly income of the deceased is assessed at Rs. 4,350/- per month. In view of the date of birth of the deceased i.e. 25.02.1972 the deceased was aged 27 years at the time of accident, therefore, adoption of multiplier of 17 by the Tribunal is appropriate. 11. So far as deduction of ⅓ is concerned, the same appears to be excessive as the dependents in the present case of the deceased were four and, therefore, in view of the law laid down by the Hon'ble Supreme Court in Sarla Verma (supra), the deduction has to be 1/4 only. As such for the loss of income, the appellants would be entitled to a compensation of Rs. 6,65,550/-. 12. So far as award of Rs. As such for the loss of income, the appellants would be entitled to a compensation of Rs. 6,65,550/-. 12. So far as award of Rs. 2,500/- only to the wife and two minor children of the deceased for loss of love & affection and consortium is concerned, the said amount is wholly inadequate and as such the same is enhanced to Rs. 30,000/-. The award of Rs. 2,500/- to the father and two brothers on account of mental agony is also enhanced to Rs. 7,500/-. 13. Consequently, the appeal is partly allowed, the judgment and award passed by the Tribunal is modified to the extent that the appellants would be entitled to a sum of Rs. 7,03,050/- as compensation from the respondents jointly and severely. On the enhanced compensation, the claimants would entitled to interest @ 6% per annum from the date of filing of application i.e. 02.11.2000. 14. The except for an amount of Rs. 5,000/- and proportionate interest on it to the father - Hamir Singh, the rest of the amount of enhanced compensation alongwith interest would only be bifurcated among the wife and two children of the deceased Dan Singh and paid to them equally. The amount of enhanced compensation be paid to the claimants in terms of the award within a period of two months.No costs.Appeal partly allowed. *******