JUDGMENT : MANSOOR AHMAD MIR, J. This appeal is directed against the award dated 7th October, 2009, passed by the Motor Accident Claims Tribunal, Ghumarwin, District Bilaspur, H.P. (hereinafter referred to as =the Tribunal'), in M.A.C. No. 49 of 2005/04, whereby compensation to the tune of Rs.7,42,904/- with interest @ 7% per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimants and against the respondents (hereinafter referred to as =the impugned award'). 2. The respondents have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them. 3. Claimants No. 1 & 2 in the claim petition have questioned the impugned award on the ground of adequacy of compensation. 4. Heard. Perused. 5. The amount awarded is meager for the following reasons. 6. Admittedly, the deceased was an employee and his salary was Rs.12,909/- per month, at the time of accident, as per the salary certificate Ext. PW-2/A. The claimants are more than five in number. 7. The Tribunal has fallen in an error in deducting 1/3rd towards the personal expenses of the deceased. 1/5th was to be deducted towards his personal expenses keeping in view the ratio laid down by the Apex Court in Sarla Verma (Smt.) and others versus Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 , upheld by a larger Bench of the Apex Court in a case titled as Reshma Kumari & others versus Madan Mohan and another, reported in 2013 AIR (SCW) 3120 read with the judgment rendered by the Apex Court in case titled as Munna Lal Jain & another versus Vipin Kumar Sharma & others, reported in 2015 AIR SCW 3105. Accordingly, it is held that the claimants have lost source of dependency to the tune of Rs.10,000/- per month. 8. The deceased was 52 years of age at the time of accident. The Tribunal has fallen in an error in applying the multiplier of =7'. The multiplier of =9' is applicable in this case, as per the 2nd Schedule appended to the Motor Vehicles Act read with the ratio laid down by the Apex Court in Sarla Verma’s, Reshma Kumari’s and Munna Lal Jain’s, cases, supra. 9.
The Tribunal has fallen in an error in applying the multiplier of =7'. The multiplier of =9' is applicable in this case, as per the 2nd Schedule appended to the Motor Vehicles Act read with the ratio laid down by the Apex Court in Sarla Verma’s, Reshma Kumari’s and Munna Lal Jain’s, cases, supra. 9. Viewed thus, the claimants are held entitled to the tune of Rs.10,000/- x 12 = Rs.1,20,000/- x 9 = Rs.10,80,000/- under the head =loss of dependency'. 10. Keeping in view the recent judgments of the Apex Court, a sum of Rs.10,000/- each, is also awarded under the heads =loss of love and affection', =loss of consortium', =loss of estate' and =funeral expenses' in favour of the claimants. 11. Having said so, it is held that the claimants are entitled to compensation to the tune of Rs.10,80,000/- + Rs.40,000/- total amounting to Rs.11,20,000/- with interest as awarded by the Tribunal from the date of filing of the claim petition till its realization. 12. Accordingly, the amount of compensation is enhanced and the impugned award is modified, as indicated above. The appeal is accordingly disposed of. 13. Respondents No. 1 & 2 are directed to deposit the enhanced amount alongwith interest, within a period of eight weeks from today before the Registry. On deposit, the Registry is directed to release the entire amount in favour of the claimants, strictly in terms of conditions contained in the impugned award, through payees account cheque or by depositing in their accounts. 14. Send down the records after placing a copy of the judgment on the Tribunal's file.