Judgment:
N.K. Mody, J.
1. Being aggrieved by the inadequacy of the amount awarded vide award dated 17.5.2001 passed by the M.A.C.T., District Mandsaur in Claim Case No. 18 of 2001 whereby a sum of Rs. 75,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.
2. Learned Counsel for the appellants submit that appellant No. 1 has lost his wife on account of accident who was aged 21 years at the time of accident. It is submitted that learned Tribunal has awarded a sum of Rs. 75,000 without applying the multiplier. It is also submitted that amount awarded is on lower side. Deceased was a helping hand to perform agricultural work. She was also doing stitching work and performing household duties. It is submitted that her income was Rs. 2,000 per month. After deducting the personal expenses and after applying the multiplier of 17 as per Second Schedule of Section 163A of the Motor Vehicles Act the amount of loss of dependency ought to have been computed.
3. Learned Counsel for respondent No. 3 submits that the amount awarded is just and proper. It is submitted that before the Lok Adalat the proposal was to enhance a sum of Rs. 50,000, therefore, no amount exceeding Rs. 50,000 can be awarded.
4. Learned Counsel for the appellants placed reliance on a decision of Jammu and Kashmir High Court in the matter of Oriental Insurance Co. Ltd. v. Shamsher Singh , wherein in a case of death of housewife a sum of Rs. 5,60,000 has been awarded, after taking into consideration the income at the rate of Rs. 2,000 per month and also applying the multiplier. Further, reliance was placed on a decision of this Court in Manna Lal v. Dinesh M.A. No. 1078 of 2001; decided on 11.5.2005, wherein in a case of death of a wife, Division Bench of this Court has awarded a sum of Rs. 3,25,000. Further, reliance was placed on a decision in the matter of Lata Wadhwa v. State of Bihar : (2001)IILLJ1559SC , wherein in a case of death of housewife aged 34 to 59 years the services of a wife has been taken into consideration as income of Rs. 36,000 per year.
5. After taking into consideration all the evidence on record, it appears that the amount awarded is on the lower side. Even assuming the dependency of Rs. 15,000 as notional income then the dependency comes to 10,000 per year. After applying the multiplier of 17, the amount comes to Rs. 1,70,000. Appellant is entitled for other conventional amount of Rs. 10,000 which comes to Rs. 1,80,000. After deducting the amount of Rs. 75,000 already awarded, the enhanced amount comes to Rs. 1,05,000. The enhanced amount shall carry interest at the rate of 6 per cent per annum from the date of application.
6. With the aforesaid modifications, appeal stands disposed of. No order as to costs.