JUDGMENT : ALKA SARIN, J. 1. The present appeal has been filed by the claimants against the award dated 03.12.2012 passed by the Motor Accident Claims Tribunal, Rohtak. The Tribunal has awarded an amount of Rs. 4,68,600/- along with interest @ 6% from the date of filing of the claim petition till actual realisation. Dissatisfied with the amount awarded, the present appeal has been preferred by the claimants-appellants for enhancement of the compensation. 2. I have heard the learned counsel for the parties. 3. It has been contended by the learned counsel for the appellants that no amount has been awarded towards future prospects as well as the amounts awarded under the conventional heads and consortium also need to be increased. He further contended that the income has wrongly been assessed at Rs. 3,600/- per month, whereas, the minimum wages prevalent at the time of the accident were Rs. 4,643.89. 4. Per contra, the learned counsel for the respondent- Insurance Company has contended that a just and proper compensation has been awarded and there was no ground for enhancement. 5. There is no dispute qua finding returned against issue No. 1 and the only issue raised is qua the quantum of compensation awarded. The Tribunal, while assessing the income of the deceased as a daily-wager has taken the same to be Rs. 3,600/- per month. But a perusal of the minimum wages chart, as produced by learned counsel for the appellants, prevalent at the time of the accident, reveals that the minimum wages at the time of the accident were Rs. 4,643.89. Keeping that in mind, I deem it just and proper to take the earning capacity of the deceased as Rs. 4,644/- per month. Further, I find that the Tribunal has not awarded any amount towards future prospects as well as the amounts awarded under the conventional heads and consortium are on the lower side. In view of the dictum laid down by the Hon’ble Supreme Court in Smt. Sarla Verma and Others vs. Delhi Transport Corporation and Another, 2009 (6) SCC 121 , National Insurance Company Ltd. vs. Pranay Sethi and Others, 2017 (16) SCC 680 and Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and Others, (2018) 18 SCC 130, I deem it just and appropriate to award the following compensation:- S. No. Head Compensation Awarded 1. Monthly income Rs. 4,644/- 2.
Monthly income Rs. 4,644/- 2. Annual income Rs. 55,728/- (4644x12) 3. Annual dependency of claimants after deduction of 1/4 towards personal expenses Rs. 41,796/- (55728-13932) 4. Annual dependency after adding future prospects @ 25% Rs. 52,245/- (41796+10449) 5. Multiplier of 14 Rs. 7,31,430/- (52245x14) 6. Loss of estate Rs. 15,000/- 7. Funeral expenses Rs. 15,000/- 8. Spousal consortium Rs. 40,000/- 9. Parental consortium to appellant Nos. 2 and 3 @ Rs. 40,000/- each Rs. 80,000/- 10. Filial consortium to mother Rs. 40,000/- Total compensation Rs. 9,21,430/- Enhanced compensation Rs. 4,52,830/- 6. The enhanced amount shall carry an interest at the rate of 6% per annum from the date of filing the claim petition till realisation. The enhanced amount awarded shall be apportioned among the appellants in the following manner. Two lakhs out of the enhanced amount shall be paid to Appellant No. 1 and remaining shall be apportioned equally among Appellant Nos. 2, 3 and 4. 7. The appeal is accordingly allowed and the award passed by the Tribunal stands accordingly modified.