Abhay Gohil, J.
1. This is claimants' appeal for enhancement of compensation under Section 173 of the Motor Vehicles Act, against the order dated 6.3.2006 passed by the Fifth Motor Accidents Claims Tribunal in Claim Case No. 37 of 2000.
2. Brief facts of the case are that on 6.2.2002 at about 10.30 in the night Amit Kumar was going on his own scooter No. MP 07-N 3383 from Gwalior to Morar. Sanjay Apreja was sitting as a pillion rider on the said scooter. When they reached near Simmco Factory, one truck bearing No. MP 06-E 1256 was coming from opposite side. Truck was being driven rashly and negligently. Truck came towards the wrong side and hit the scooter. Deceased received injuries and he died. Pillion rider Sanjay Apreja also received injuries. Crime was registered, matter was investigated and charge-sheet was filed. Claimants also filed petition for compensation under the Motor Vehicles Act. Tribunal awarded a compensation of Rs. 1,22,000 for the death of deceased Amit Kumar, against which the appellants have filed this appeal for enhancement of the compensation. Claimants are the parents of the deceased.
3. We have heard the learned Counsel tor the parties and perused the evidence on record. The only question involved in this appeal is about the enhancement of the compensation.
4. Claimants examined Harishchandra, PW 2, father of the deceased. He has stated that his son was engaged in selling the woollen shawls and he was earning about Rs. 4,000 to Rs. 5,000 per month. The deceased was running a shop in the name of Amit Textiles. For that he has produced the bills of the shop, Exhs. P8 to P32. He was purchasing these shawls from other cities and getting them through transport. Bills of the transport from Exhs. P33 to P42 have also been produced. He has also produced the photocopy of the shop registration certificate, but the same could not be exhibited because the original was not produced, in which the name of the deceased Amit Kumar has been mentioned as proprietor of the Amit Textiles. From the aforesaid evidence, it is clear that the deceased was engaged in business and was running a shop and was having income from the same. Tribunal has not considered the income of Rs. 4,000 per month and calculated the compensation on the basis of the notional income of Rs. 15,000 per year and after applying multiplier of 15, awarded total compensation of Rs. 1,22,000.
5. It is true that the age of the deceased was around 19 years. He was unmarried and the parents are the dependants. In such a case compensation cannot be awarded on the basis of notional income, as he was already engaged in business and for a businessman, who is running a shop and is engaged in selling of the woollen shawls, though the accounts are not produced about the income, but the income cannot be considered on the basis of notional income. If a man is engaged in business, his income cannot be considered less than Rs. 3,000 per month, even after considering that the shop was open for 25 days in a month. Therefore, it is held that the income of the deceased was Rs. 3,000 per month and out of which he was spending 1/3rd towards his personal expenses and 2/3rd was spent on the family. Therefore, the amount of dependency would come to Rs. 24,000 per year. The mother of the deceased is aged about 40 years, who is a class-I heir as per the Succession Act. Claims Tribunal has applied multiplier of 15, which appears to be proper at the age of the mother. Therefore, on application of the multiplier of 15 on the dependency amount of Rs. 24,000 per year, compensation is worked out to Rs. 3,60,000. Claimants are also entitled for further sum of Rs. 40,000 for the loss of love and affection, funeral expenses and loss to estate, etc. Thus total amount of compensation would come to Rs. 4,00,000 (rupees four lakh).
6. Consequently, this appeal is partly allowed. The amount of compensation is enhanced from Rs. 1,22,000 (rupees one lakh twenty-two thousand) to Rs. 4,00,000 (rupees four lakh). Claimants shall also be entitled for the interest at the rate of 6 per cent per annum on the enhanced amount of compensation from the date of filing of this appeal. Counsel's fee Rs. 1,000, if certified.