JUDGMENT & ORDER : Having heard Mr. S. Lodh, the learned counsel for the appellant-insurer and Mr. S. Das, the learned counsel for the claimant-respondents, the sole question which falls for consideration in this appeal is whether, on the facts and circumstances of the case, the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No.427 of 2011 is correct in determining the income of the deceased as Rs. 9,000/- per month. 2. Before proceeding further, it may not be out of place to refer to the facts of the case. The claimant-respondents are the parents of the deceased namely, Tumpa Das, who died of vehicular accident on 27.3.2011 at about 2.30 p.m. when she was proceeding from Guwahati to Agartala after completion of three and half years of Nursing Course from Bangalore. The accident took place along Jowai-Badarpur road when she was travelling by Night Super Bus bearing registration No. AS-01-U-2559. Some of the passengers including the deceased sustained injuries in the accident. The deceased, however, succumbed to her injuries on the spot. The case of the claimant-respondents is that the accident occurred due to the rash and negligent driving by the driver of the offending Night Super Bus. A police case was also registered with the Khliehriat Police Station vide Khliehriat P.S. Case No.47(3) of 2011 under Sections 279/337/338/427/304A IPC against the driver of the offending vehicle. The deceased was 23 years old at the time of the accident and had just completed Nurse training sponsored by the Government of Tripura and used to earn approximately Rs. 15,000/- per month. The claimant-respondents claimed that the deceased was the only bread-winner in the family and, therefore, filed the claim petition claiming a compensation of Rs. 37,40,000/-. 3. The Opposite Party No.1, i.e. the owner of the offending vehicle contested the claim petition by filing her written objection denying all the allegations made against the driver of the offending vehicle. According to the answering respondent, the accident had occurred due to mechanical failure of brake and steering of the vehicle and as such, she is not in any manner liable for compensation payable to the claimant-respondents. As the vehicle was insured with the National Insurance Company Limited (appellant-insurer) at the time of the accident, any compensation awarded against her shall have to be satisfied by the appellant-insurer. As the vehicle was insured with the National Insurance Company Limited (appellant-insurer) at the time of the accident, any compensation awarded against her shall have to be satisfied by the appellant-insurer. The appellant-insurer also contested the claim petition by denying all the allegations. 4. On the pleadings of the parties, the following issues were framed:- (i) Whether vehicle No.AS-01-U-2559 (Night Super Bus) met an accident on 27.3.2011 at about 2.30 hours on National High Way i.e. Jowai Badarpur Road at Adhunik Cement Ltd. Tangskai under Khilehriat Police Station, District Jaintia Hills, Meghalaya due to rash and negligent driving of the vehicle? (ii) Whether deceased Tumpa Das, daughter of the petitioners died as a result of that accident? (iii) Whether the petitioners are entitled to get any compensation and if so, what shall be the reasonable amount? (iv) Who shall make the payment of compensation, if any? 5. Only one witness was examined on behalf of the claimant-respondents, but the appellant did not adduce any evidence. At the conclusion of the trial, the impugned judgment was passed awarding a compensation of Rs. 12,68,600/- together with interest @ 9% per annum to be paid on 01.11.2011 failing which the rate of interest would stand enhanced to 12% per annum from the date of the claim petition. Aggrieved by this, this appeal has been preferred. 6. Since the learned counsel for the appellant-insurer has confined himself on the income of the deceased as assessed by the Tribunal at Rs. 9,000/- per month, only this aspect of the matter has to be considered. It is true that the deceased at the time of the accident had just completed Nurse training from the Karnataka State Diploma in Nursing Examination Board. Therefore, she was neither an unskilled nor semi-skilled person. It is quite possible that as a qualified Nurse, she might not have difficulty in getting job at least in private clinics, if not in the Government hospital. However, life is full of uncertainties and there is no guarantee that she would definitely get job carrying a salary of Rs. 9,000/- per month. In this view of the matter, the assessment of the income of the deceased by the Tribunal at Rs. 9,000/- per month appears to be on the higher side. However, life is full of uncertainties and there is no guarantee that she would definitely get job carrying a salary of Rs. 9,000/- per month. In this view of the matter, the assessment of the income of the deceased by the Tribunal at Rs. 9,000/- per month appears to be on the higher side. After examining all aspects of the matter, both the learned counsel appearing for the rival parties agreed that the monthly income of the deceased at the time of the accident should be assessed at Rs. 7,000/- per month. There shall be 30% increase in her total income towards her future prospects. As her monthly income is assessed at Rs. 7,000/- per month, after addition of 30%, her total monthly income would come to Rs. 7,000 + 2,100 = Rs. 9,100/-. Thus, the annual income of the deceased would come to Rs. 9,100 x 12 = Rs. 1,09,200/-. As she was 23 years of age at the time of the accident, applying a multiplier of 18, the loss of dependency to the claimant-respondents would come to Rs. 19,65,600/-, from which 50% will be deducted as she was a unmarried. Therefore, the total loss of dependency would come to Rs. 9,82,800/-. To this, a sum of Rs. 1,00,000/- shall be added for loss of love and affection and another sum of Rs. 25,000/- for the funeral expenses. Therefore, the total amount of compensation payable to the claimant-respondents is assessed at Rs. 11,07,800/- (rupees eleven lakh seven thousand eight hundred). 7. At this stage, it may be observed that in terms of the decision of the Apex Court, payment of penal interest is held illegal and, as such, the interest payable on the aforesaid compensation amount will be confined to 9% per annum from the date of the claim petition. The appellant-insurer is, therefore, directed to deposit Rs. 11,07,800/- together with interest @ 9% per annum to this Registry within 2(two) months from today for payment to the claimant-respondents. Any amount already deposited or paid to the claimants shall stand adjusted. As and when the awarded amount is deposited, the same shall be released to the claimant-respondents in equal shares without further reference to this Court. The impugned judgment is modified to the extent indicated above. 8. Accordingly, the appeal is allowed. Transmit the L/C records.