JUDGMENT Pushpendra Singh Bhati, J. - The appellants have preferred this appeal seeking enhancement of compensation awarded vide judgment and award dated 01.5.2004 passed by Motor Accident Claims Tribunal, Jodhpur in MAC Case No.09/2000. 2. The unfortunate accident in this case happened on 15.8.1999 at 10:45 am when Rajendra Prasad Parihar (deceased) was going on Luna Moped No.RNQ-6647 from Chopasni Road towards Jivan Jyoti Hospital when he was struck by Tractor No.RJ19-1R-1568 from behind. 3. Counsel for the appellant submits that the deceased was a government servant and although his pay was Rs.11,302/-, which includes dearness allowance, house rent allowance and city allowance etc., but the learned Tribunal has taken the same as Rs.7600/- only after deducting allowances from the pay. 4. The total monthly pay of the deceased being Rs.11,302/-, is not disputed by the parties. This Court takes note of the fact that the prevailing law is that the monthly wage shall include basic pay and other admissible allowances (except for travelling allowance and washing allowance), thus, the other allowances i.e. dearness allowance, house rent allowance and city allowance etc., shall have to be included in the present case while computing the compensation. Thus, while treating the monthly wages to be Rs.11,292/- (after excluding the washing allowance), the counsel for the parties were asked to jointly submit the calculation afresh as per judgment of the Hon ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors., (2017) AIR SC 5157 , which they have furnished before this Court and the same reads as follows:- Age of the Deceased 49 Multiplier 13 Future Prospects 30% Deduction on count of Personal Expenses 1/3rd Monthly Income of the Deceased 11292 Monthly Income after adding Future Prospects 14679 Monthly Income after deducting Personal Expenses 9786 Yearly Income of the deceased 117432 Total Income after applying Multiplier 1526616 Other Conventional Heads 70000 Total Compensation 1596616 Compensation awarded by Tribunal 904100 Enhanced Compensation. Rs.6,92,516/- 5. With the consent of learned counsel for the parties and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.6,92,516/- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made.
Rs.6,92,516/- 5. With the consent of learned counsel for the parties and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.6,92,516/- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within two months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made. 6. The appeal is accordingly disposed of. All pending applications also stand disposed of.