JUDGMENT 1. - This misc. appeal for enhancement has been filed by the claimants who are the legal heirs of Hafiz Ghulam Allaha aged between 56 to 60 years, under Section 173 of the Motor Vehicles Act (for short hereinafter called; "the Act") against the award dated 04.04.2005 passed by the M.A.C.T. Fast Track No.4, Jodhpur in Claim Case no. 536/2004 whereby while accepting the claim application, the learned Tribunal awarded a total sum of Rs. 2,42,000/- to the appellants as compensation. 2. Succintly stated the facts of the case are that on 01.02.2002, at about 6.30 - 7.00 am, the deceased was going from Madarsa Majroob Rab to Keru Motors. While crossing road in front of Sainik Motors, a Jeep bearing Registration No. RJ 19 T 2195, being driven by the Respondent No.1 in a rash and negligent manner hit Hafiz Ghulam Allaha and as a result of the accident, he received injuries and expired. 3. Upon the claim for compensation being filed, the learned Tribunal framed the usual issues regarding contribution of the driver of the offending vehicle in the accident, the entitlement of the claimants to receive the claim, the quantum of compensation awardable and defences available to the Insurance Company. All the issues were decided in favour of the claimants and the claimants were awarded compensation as mentioned above. 4. The non claimants have not challenged the findings recorded by the learned Tribunal. Thus, the only issue which arises for consideration of this Court is regarding the quantum of compensation awardable to the claimants. 5. Following grievances have been raised by the learned counsel for the appellant seeking enhancement of the compensation:- 1. The multiplier applied by the learned Tribunal was of 8 which is unjustified and the multiplier applicable would be 9 in context to the age of the deceased i.e. around 56 to 60 years. 2. Only Rs. 10,000/- have been awarded to the wife of the deceased for the loss of consortium which deserves to be enhanced. 6. Thus, he prays that an appropriate enhancement deserves to be directed in the award. 7. Mr. Bachhawat, learned counsel for the respondent no. 2 has conceded to the submissions advanced by the learned counsel for the appellant and agrees that enhancement be directed on both these heads. 8. Heard Learned counsel for the parties, perused the impugned judgment cum award. 9. 7. Mr. Bachhawat, learned counsel for the respondent no. 2 has conceded to the submissions advanced by the learned counsel for the appellant and agrees that enhancement be directed on both these heads. 8. Heard Learned counsel for the parties, perused the impugned judgment cum award. 9. The issue regarding the Multiplier applicable to the deceased, aged between 55 to 60 years has been settled by the Hon'ble Supreme Court in the case of Smt. Sarla Verma & Ors. v. Delhi Transport Corporation and Anr. Reported in AIR 2009 SC 3104 . In accordance with the priciples laid down by the Hon'ble Apex Court in Sarla Verma's case (Supra), the Multiplier applicable would be 9 as against the multiplier of 8 as applied by the Learned Tribunal. 10. The amount of Rs. 10,000/- awarded to the wife of the deceased for the Loss of consortium is on lower side and the same deserves to be enhanced appropriately. 11. The Appellant Claimants No. 2, 3 and 4, the children of the deceased are major and hence cannot be taken to be as dependents of the deceased, hence they shall not be entitled to the award amount except the amount granted for the Loss of Love and Affection to them. 12. In view of what has been discussed above and looking to the age of the deceased at the time of the accident, the following assessment and computation deserves to be approved for evaluating the quantum of compensation awardable to the appellants:- Total Monthly income of the deceased L 3000/- L 3000/- ⅓rd Deduction from income towards needs and personal expenditure of the deceased L 3000/-x ⅓ = L 1000/- L 2000/- Annual Dependency of the claimant wife L 2000/- x 12 = L 24,000/- L 24,000/- Multiplier of net income applying the principles laid down by Hon'ble Supreme Court in the case of Sarla Verma (supra) @ 9 L 2,16,000/- Loss of Consortium to the appellant wife L 40,000 L 2,56,000/- Mental Pain and Agony L 10,000/- L 2,66,000/- Loss of Love and Affection to the children L 10,000/- each i.e. L 30,000/- in all L 2,96,000/- Funeral Expenses & Transportation L 10,000/- L 3,06,000/- Total compensation awardable L 3,06,000/- Total payable compensation L 3,06,000/- 13. Apart from the amount of Rs. 10,000/- each awarded to the appellants no. Apart from the amount of Rs. 10,000/- each awarded to the appellants no. 2, 3 and 5 for the loss of love and affection, the rest of the awarded amount shall be payable to the appellant no. 1 wife of the deceased. 14. On the enhanced amount, the claimants shall be entitled to an interest @ 7.5% per annum from the date of filing of the claim petition. Previously deposited amount under the head of no fault liability, if any, shall be excluded from the amount awarded to the claimants. 15. Accordingly, the appeal is allowed in part. The impugned award passed by the learned Judge, M.A.C.T. Fast Track, No.1, Jodhpur is modified and the appellants are held entitled in all to Rs. 3,06,000/- along with interest as awarded by the learned Tribunal. 16. In order to ascertain that the claimants are benefited to the maximum by the enhancement in the award. The following directions are given for the disbursal of the awarded amount:- (1) 20% of the enhanced amount shall be paid to the claimant appellant no. 1 in cash. (2) The remaining 80% amount shall be deposited in fixed deposits in any nationalised bank with a lock in period of 5 years by applying the best available fixed deposit term plan. The interest upon the fixed deposit shall be disbursed to the claimant periodically. The banker shall be instructed not to issue any loan against the fixed deposits. (3) If in any emergent condition the appellant claimant requires the modification of the said direction, she shall be at liberty to file a writ petition before this Court for the release of the amount from the fixed deposit/s. 17. Any amount already paid by the insurance company under Section 140 and/or proviso to Section 173 or any other amount, shall be adjusted towards the amount finally awarded by this Court. 18. No costs.Appeal partly allowed. *******