ORDER 1. This appeal is filed by the appellants under section 173 of the Motor Vehicles Act against an award dated 26.4.2014 passed by learned VIth Additional MACT, Indore, in Claim Case No.536/2012. By the impugned award, the Claims Tribunal has awarded a total sum of Rs.4,16,000/- with interest to the claimants by way of compensation in the accident occurred on 16.11.2008 causing death of the deceased (Premnarayan). 2. Appellants had preferred a claim petition under sections 166 and 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs.25,00,000/-. According to the appellants compensation awarded by the Tribunal is meager and deserves enhancement; however, by filing the appeal inadequacy of the compensation has been assailed. 3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable to pay compensation etc., because the Tribunal has already recorded the findings in favour of the appellants, none of those findings have challenged at the instance of the respondents i.e., owner/driver/Insurance Company by filing cross objection or cross appeal. In that view of the matter it is not necessary to burden the judgment by detailing the facts on all these issues. 4. Shri Chouhan, learned counsel for the appellants submits that on account of the death of deceased the bread earner of the family has lost; the compensation awarded by the Tribunal is inadequate without due assessment of the earning and dependency; proper multiplier has not been applied. The Tribunal has also not assessed the future loss of earning; in number of the heads amount has not been awarded or awarded on lower side, which is liable to be enhanced. 5. On the other hand Shri M. Jain, learned counsel appearing for the respondent Insurance Company has relied upon the findings recorded by the Claims Tribunal and further argued that the award of compensation is just, proper and reasonable. 6. After having heard learned counsel for the parties and on taking into consideration the material available on record, it appears that the amount awarded by the learned Tribunal is on lower side and deserves enhancement, because the Tribunal has not properly assessed the income of the deceased and the multiplier has also not been applied as per the Schedule of the Motor Vehicles Act.
In the conventional head also the amount is awarded on lower side. Thus, during the course of hearing and on taking note of the aforesaid considerations, in my opinion the award passed by the Claims Tribunal deserves to be enhanced by Rs.1,50,000/-. 7. In view of the aforesaid, this appeal is allowed in part and the appellants are held entitled to receive total sum of Rs.1,50,000/- (Rupees One lac fifty thousand only) in addition to the amount of compensation already awarded by the Tribunal. 8. With the aforesaid, the appeal is allowed in part and disposed of.