JUDGMENT : 1. Heard Mr. A. Biswas, learned counsel appearing for the appellant as well as Mr. A. Dutta, learned counsel appearing for the respondent/Insurance Company. 2. This appeal is directed against the judgment and order dated 10.10.2013 passed by the learned member, MACT, Sonitpur, Tezpur in MAC Case No. 280/2010 filed by the claimant/appellant challenging the award of compensation with a prayer to consider the pensionery benefit received by the deceased at the relevant time of accident. 3. The factum of accident has not been disputed in this case. It is pertinent to mention here that during pendency of the appeal, the appellant has filed an interlocutory application under Order XLI Rule 27 of the CPC for production of additional documents like Bank documents showing pension/Bank passbook of the deceased etc. and the Insurance Company also agreed with the view that the deceased was a retired school teacher and he drew pension of Rs. 5,895/-at the time of his death. 4. I have gone through the record of MAC Case No. 280/2010 and the documents available in the record. 5. Though the claimant had stated in her claim petition that her husband was a pension holder but no documents had been furnished before the trial Court regarding pensionery benefits received by the deceased at the relevant time of the accident and the Tribunal also failed to make any enquiry regarding profession of the deceased or to direct the claimant to produce the documents relating to pension of the deceased. Hence, the compensation was awarded on the basis of notional income instead of pensionery benefits received by the deceased at the relevant time of accident. 6. It was urged by the learned counsel for the claimant/appellant Mr. A. Biswas that the deceased was a retired school teacher and at the relevant time of accident he was drawing a pension, which was not considered by the Tribunal and the Tribunal while deciding the issue of income of the deceased, took the notional income of the deceased as Rs. 15,000/-per annum instead of monthly pension of the deceased as Rs. 5,895/-and prayed to enhance the compensation by setting aside the trial Court judgment. 7. On the other hand, learned counsel for the respondent/Insurance company Mr. 15,000/-per annum instead of monthly pension of the deceased as Rs. 5,895/-and prayed to enhance the compensation by setting aside the trial Court judgment. 7. On the other hand, learned counsel for the respondent/Insurance company Mr. A. Dutta also showed some positive attitude towards the submission of learned counsel for the appellant by stating that as the deceased was a pension holder at the relevant time of accident, pensionery benefit of the deceased be considered in deciding the income of the deceased. 8. I have perused the documents available in he record of MAC Case No. 280/2010, which shows that the deceased was an Assistant Teacher of Sootea Academy, Sonitpur and had been retired in the year 2000. The deceased had a savings Bank Account having SBI A/C No. 11267048958 in Biswanath Chariali Branch and as per statement of account of SBI, Biswanath Chariali Branch Rs. 5,895/-was credited on the savings account of the deceased as pension on 30.12.2009 prior to the accident which occurred on 05.01.2010. Hence, income of the deceased be considered as Rs. 5,895/-i.e. pension at the time of the accident. 9. Admittedly, the deceased had been retired in the year 2000 and the accident occurred on 05.01.2010. It transpires that the deceased was 70 years of age when the accident took place. As per the case of Sarla Verma Vs. DTC reported in (AIR 2009 (6) SC 121), the multiplier would be 5. 10. As per SLP(Civil) No. 25590 of 2014 (National Insurance Co. Ltd. Vs-Pranay Shethi & Ors.) the Hon’ble Supreme Court has fixed compensation in case of death reasonable figures on conventional heads namely-Loss of estate, Loss of consortium and Funeral expenses should be Rs. 15,000/-, Rs. 40,000/-and Rs. 15,000/- respectively. As per the impugned judgment, the aforesaid amount shall be enhanced at the rate of 10% in every three years. Hence, amount of funeral expenses comes to Rs. 16,500, consortium Rs. 44,000/- and Loss of estate Rs. 16,500/-. 11. In the case in hand, the deceased Krishna Guha left behind his wife and one son at the time of his death. As such, the standard deduction towards personal and living expenses is applicable as stated in the case of Sarla Verma (Supra). 16,500, consortium Rs. 44,000/- and Loss of estate Rs. 16,500/-. 11. In the case in hand, the deceased Krishna Guha left behind his wife and one son at the time of his death. As such, the standard deduction towards personal and living expenses is applicable as stated in the case of Sarla Verma (Supra). Since, there is two numbers of dependents, hence, 1/3rd income is required to be deducted with the presumption that had the deceased been alive he could have spent 2/3rd for his personal and living expenses. 12. In view of the above discussion, the computation of compensation is awarded as follows:- (a) Annual income of the deceased=Rs. 5,895/-X12=70,740/- (b) After multiplied with multiplier the amount comes to Rs. 70,740 X 5= Rs. 3,53,700/-. (c) After deducting 1/3rd from the income of the deceased, the amount comes to Rs. 2,35,800/-. (d) Funeral Expenses= Rs. 16,500/- (e) Loss of Consortium=Rs. 44,000/- (f) Loss of Estate =Rs. 16,500/- Total =Rs. 3,12,800/-(Rupees Three Lakhs Twelve Thousand Eight Hundred) only. 13. In the result, appeal is allowed. The compensation and award is modified as described above. The insurance company is directed to deposit the enhanced amount of compensation amounting to Rs. 3,12,800/-(Rupees Three Lakhs Twelve Thousand Eight Hundred)to the claimant Sandhya Rani Dutta Guha in her savings account of any nationalised bank through NEFT. She is directed to produce her Bank details of any nationalised Bank to the Insurance Company for necessary payment. The compensation so awarded will carry an interest @6% per annum from the date of filing of the case till full and final realization. Any amount if paid earlier be adjusted accordingly. 14. LCR be returned back.