JUDGMENT : M.R. Shah, J. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Veraval, in M.A.C.P. No. 840 of 1999 (Old M.A.C.P. No. 161 of 1994) dated 29.3.2008 by which the learned Tribunal has awarded a total sum of Rs. 3,18,000/- with interest at the rate of 9% per annum thereon from the date of claim petition till realisation towards compensation to the claimants, the appellants - original claimants have preferred present appeal to enhance the amount of compensation. 2. At the outset, it is required to be noted that it is an admitted position that the deceased Devchand Mohanbhai Jogiya died in a vehicular accident, which occurred due to sole negligence on the part of the original opponent No. 1 - driver of the Truck involved in the accident. That by impugned judgment and award, the learned Tribunal has awarded a total sum of Rs. 3,18,000/- towards the compensation for the death of deceased, under the different heads as under : Rs. 3,00,000/- Towards future loss of income Rs. 2,000/- Towards funeral expenses Rs. 1,000/- Towards transportation charges Rs. 15,000/- Towards loss of consortium. Rs. 3,18,000/- Total compensation 3. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Tribunal, the original claimants have preferred present First Appeal to enhance the amount of compensation. 4. Shri Amar Mithani, learned advocate appearing on behalf of the original claimants has vehemently submitted that the learned Tribunal has materially erred in awarding Rs. 3,00,000/- only towards future loss of income. 4.1 It is vehemently submitted by Shri Mithani, learned advocate appearing on behalf of the original claimants that while awarding future loss of income, the learned Tribunal has not at all considered future rise in income. It is submitted by the learned advocate appearing on behalf of the original claimants that as the deceased was aged approximately 43/44 years, 30% of income assessed by the learned Tribunal was required to be added as future rise in income. 4.2 It is further submitted by the learned advocate appearing on behalf of the original claimants that the learned Tribunal has even materially erred in awarding only Rs. 15,000/- under the conventional heads. It is submitted that the claimants shall be entitled to Rs. 50,000/- under the conventional heads. 4.2 It is further submitted by the learned advocate appearing on behalf of the original claimants that the learned Tribunal has even materially erred in awarding only Rs. 15,000/- under the conventional heads. It is submitted that the claimants shall be entitled to Rs. 50,000/- under the conventional heads. Making the above submissions, it is requested to allow present appeal to the aforesaid extent and modify the impugned judgment and award passed by the learned Tribunal. 5. Shri Nagesh Sood, learned advocate appearing on behalf of the Insurance Company has tried to oppose the present Appeal by submitting that the amount awarded by the learned Tribunal can be said to be "just compensation" and/or same cannot be said to be on lower side, which requires inference of this Court. However, he is not in a position to dispute or is disputing that while awarding the amount under the head of future loss of income, the learned Tribunal has not at all considered future rise of income. Therefore, he has requested to pass appropriate order considering the facts and circumstances of the case. 6. Heard learned advocates appearing for the respective parties at length. Perused the impugned judgment and award passed by the learned Tribunal and considered the evidences on record. 7. At the outset, it is required to be noted that by the impugned judgment and award, the learned Tribunal has awarded Rs. 3,00,000/- towards the future loss of income assessing loss of dependency at Rs. 20,000/- per annum. The learned Tribunal has assessed the income of the deceased at Rs. 30,000/- per annum and after deducting ?rd towards personal expenses, the learned Tribunal has considered the loss of dependency at Rs. 20,000/- per annum. However, it is required to be noted that while awarding future loss of income, the learned Tribunal has not at all considered the future rise in income. Looking to the age of the deceased, 30% of the income was required to be considered towards future rise in income. Thus, prospective income would come to Rs. 39,000/- per annum and after deducting ?rd towards personal expenses of the deceased, the loss of dependency would come to Rs. 26,000/- per annum. After applying multiplier of 15 as adopted by the learned Tribunal, the claimants shall be entitled to Rs. 3,90,000/- under the head of future loss of income. 8. Thus, prospective income would come to Rs. 39,000/- per annum and after deducting ?rd towards personal expenses of the deceased, the loss of dependency would come to Rs. 26,000/- per annum. After applying multiplier of 15 as adopted by the learned Tribunal, the claimants shall be entitled to Rs. 3,90,000/- under the head of future loss of income. 8. The claimants shall also be entitled to a sum of Rs. 50,000/- under the conventional heads, such as, loss of consortium, loss of estate and loss of love and affection etc. The claimants shall also entitled to a sum of Rs. 2,500/- towards funeral expenses. Thus, the claimants shall be entitled to a total sum of Rs. 4,42,500/- towards the compensation under the different heads with interest at the rate of 9% per annum from the date of claim petition till realisation. To the aforesaid extent, the impugned judgment and award passed by the learned Tribunal is required to be modified and the present appeal is required to be partly allowed. 9. In view of the above and for the reasons stated above, the present Appeal succeeds in part. The impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Veraval, in M.A.C.P. No. 840 of 1999 (Old M.A.C.P. No. 161 of 1994) dated 29.3.2008 is modified to the aforesaid extent and it is held that the original claimants shall be entitled to a total sum of Rs. 4,42,500/- towards compensation along with interest at the rate of 9% per annum thereon from the date of claim petition till realisation. 10. The enhanced amount of compensation to be deposited by the Insurance Company with the learned Tribunal within a period of 8 (eight) weeks from today and on such deposit, the Tribunal shall disburse the same amongst original claimants proportionately and pay the same to them by A/c. Payee cheques only after due identification and verification by the learned Tribunal itself. In the facts and circumstances of the case, there shall be no order as to costs. Appeal allowed.