JUDGMENT (Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 praying to allow the above civil miscellaneous appeal and enhance the award amount in the judgment and decree dated 23.01.2018 made in M.A.C.T.O.P.No.24 of 2015 on the file of the Motor Vehicle Accident Claims Tribunal / Subordinate Judge Court, Tiruchengode.) 1. The claimants have preferred this appeal seeking enhancement of the award amount on the ground that the Tribunal below has adopted a wrong multiplier as well as the percentage for assessing future prospects. That apart, the income tax of 10% has been deducted, though the notional income per month has been fixed at a sum of Rs.6,000/-. 2. Further, the grievance of the appellants is that no amount has been granted under the head of loss of estate, loss of love and affection and that only a sum of Rs.10,000/- has been granted under the head of funeral expenses. That apart, the appellants would also seek to have an enhancement of the notional income. Since the issue involved is only for enhancement, I do not propose to discuss the pleadings on either side. 3. The learned counsel for the respondent/Transport Corporation fairly concedes that there is a discrepancy in adopting the multiplier as also the age for calculating the future prospects. He would also submit that the amount granted under the head of loss of consortium is on the higher side in as much as a sum of Rs.50,000/- has been granted as against Rs.40,000/-. He would further state that the death of Ganesan was instantaneous but the Tribunal had erred in granting transportation charges. The amount granted under the head of transportation charges may be shifted to the head of funeral expenses against which only a sum of Rs.10,000/- has been granted. 4. Heard the counsels on either side and perused the materials available on record. 5. The multiplier that is to be adopted is 15, since the deceased was aged about 39 years at the time of the accident and the future prospects works out to 40% and not 30% as taken by the Tribunal. 6. I see no reason to enhance the notional income fixed by the Tribunal, considering the date of the accident and also the fact that the respondent was only a Coolie engaged in digging a well on contract basis, which is a seasonal work in nature. 6. I see no reason to enhance the notional income fixed by the Tribunal, considering the date of the accident and also the fact that the respondent was only a Coolie engaged in digging a well on contract basis, which is a seasonal work in nature. Therefore, the notional income fixed by the Tribunal appears to be reasonable. Therefore, the amount under the head of loss of dependency would stands re-worked as follows :- Loss of Income Amount in Rs. Notional income (Per month) 6,000 Add: Future prospects (40%) 2400 Notional income (per month) 8,400 Notional income (per annum) (Rs.8,400/- x 12) 1,00,800 Less: Personal Expenses (1/4) 25,200 75,600 Multiplier 15 Total 11,34,000 7. The deduction of 10% towards income tax is deleted. Therefore, the amount under the head of loss of dependency stands enhanced to a sum of Rs.11,34,000/-. A sum of Rs.5,000/- under the head of transport to hospital is deleted and the funeral expenses is enhanced from Rs.10,000/- to Rs.15,000/-. The amount under the head of loss of consortium is reduced from Rs.50,000/- to Rs.40,000/-. Further, amounts are granted under the head of loss of love and affection for the appellants / petitioners 2 to 5 and towards loss of estate at a sum of Rs.1,60,000/- and Rs.15,000/- respectively. Therefore, the modified compensation is as follows: Heads Awarded by the Tribunal (Amount in Rs.) Awarded by this Court (Amount in Rs.) Loss of Income /dependency 8,84,520 11,34,000 (enhanced) Loss of love and affection (40,000 x 4) 0 1,60,000 (enhanced) Transport to Hospital 5,000 0 Funeral Expenses 10,000 15,000 (enhanced) Loss of Estate 0 15,000 Loss of Consortium 50,000 40,000 (reduced) Total 9,49,520 13,64,000 8. The appeal is allowed and the impugned Award of the Tribunal is modified, enhanced the compensation amount from Rs.9,49,520/- to Rs.13,64,000/-. The Respondent / Insurance Company is directed to deposit the said amount to the credit of M.C.O.P.No.24 of 2015 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the claimants are permitted to withdraw the award amount, along with proportionate interest and costs as awarded by the Tribunal, less, the amount, if any already withdrawn. The claimants are directed to pay the necessary Court fee for the enhanced compensation amount, if required. The Tribunal below shall not disburse the enhanced amount till such time the certified copy showing proof of payment of Court fee is produced by the claimants. In other respects, the Award of the Tribunal is hereby confirmed. There shall be no order as to costs in the present appeal.