JUDGMENT : J.K. M Aheshwari, J. 1. Being aggrieved by the award dated 22nd December, 2009 passed by the Second Addl. Motor Accident Claims Tribunal (FTC), Ashta, District Sehore, in Claim Case No. 38/09, this appeal has been preferred by the claimants under Section 173 of the Motor Vehicles Act wherein inadequate amount of Rs. 1,85,000/- has been awarded in a case of death of Gopal Singh, aged 28 years. 2. On perusal of the record, it indicates that the Claims Tribunal accepted the notional earning Rs. 15,000/- per annum and after deducting l/3rd and applying multiplier of 17 and by adding some amount, calculated a sum of Rs. 1,85,000/- towards compensation. 3. Learned Counsel appearing for the appellant contends that looking to the evidence of earning brought on record, the amount as awarded by the Claims Tribunal is inadequate which may be reasonably enhanced. 4. On the other hand, learned Counsel for Insurance Company argued in support of the amount of compensation as calculated by the Claims Tribunal, hence the appeal may be dismissed. 5. After hearing the learned Counsel appearing on behalf of both the parties, in case the earning of the deceased is accepted at Rs.3,000/-, looking lo the date of accident i.e. 16th June, 2008 and deducting ¼th looking to the number of dependents, loss of dependency comes to Rs.27,000/-. As per the age of deceased, if multiplier of 17 is applied, loss of dependency comes to Rs. 4,59,000/-. If Rs. 1,50,000/- is further added under the conventional heads in view of the judgment of Rajesh and Others v. Rajbir Singh, (2013) 9 S.C.C. 54 : 2013 (3) T.A.C. 679, then total compensation comes to Rs. 6,09,000/-. On reducing the compensation awarded by Claims Tribunal, the enhanced amount comes to Rs.4,24,000/-. It is to be noted here that the appeal is valued at Rs.3,00,000/- and the accident occurred prior to commencement of the amendment to pay the Court-fees, however, in the light of the judgment of Hon’ble Supreme Court in the case of Jitendra Khimshankar Trivedi and Others v. Kasam Daud Kumbhar and Others, 2015 (1) T.A.C. 673 (S.C.), if just amount of compensation is calculated which may be higher to the valuation, it may be awarded. 6. Accordingly, enhancement of Rs. 4,24,000/- is directed in addition to the compensation as awarded by the Tribunal, allowing this appeal in part.
6. Accordingly, enhancement of Rs. 4,24,000/- is directed in addition to the compensation as awarded by the Tribunal, allowing this appeal in part. The enhanced amount shall carry interest @ 7% per annum, from the date of filing of the claim petition till its realization.