Full Judgment
N.K. Mody, J.
1. Since the respondent No. 3 is responsible for the payment of compensation, therefore, the service of notice on respondent Nos. 1 and 2 is not necessary and they be exempted from serving respondent Nos. 1 and 2.
2. With the consent of the parties, the case is heard finally.
3. Being aggrieved by the inadequacy of the amount awarded vide award dated 18.2.1998 passed by MACT, Bhind in claim case No. 5/1997 whereby the learned Tribunal has awarded a sum of Rs. 1,66,000 along with interest @ 12% per annum, the present appeal has been filed.
4. Learned Counsel for the appellants submits that the amount awarded is on lower side. It is submitted that out of this amount Rs. 1,56,000 has been awarded towards loss of future income and Rs. 10,000 has been awarded towards other heads. It is submitted that the multiplier of 13 has wrongly been applied while age of the deceased was 45 years at the time of accident and as per Second Schedule of Motor Vehicles Act, the multiplier of 17 ought to have been applied. It is submitted that learned Tribunal committed error in assessing the income of the deceased @ Rs. 50 per day while deceased was doing the business of milk and deceased was having agricultural land, therefore, the income was on higher side.
5. Learned Counsel for the respondent No. 3 submits that amount awarded by the learned Tribunal is just and proper.
6. From perusal of the record, it appears that no error has been committed by learned Tribunal in assessing the income of deceased @ Rs. 50 per day. So far as multiplier is concerned, since the age of the deceased was 45 years, therefore, as per Second Schedule of the Motor Vehicles Act, multiplier of 15 ought to have been applied. Similarly, learned Tribunal has awarded Rs. 10,000 towards consortium and loss of love and affection, which appears to be on lower side and no amount has been awarded towards funeral expenses and loss of estate. Therefore, the appellants are entitled for the following amount of compensation:
Loss of dependency Rs. 1,80,000Loss of love and affection Rs. 15,000Loss of consortium Rs. 10,000Loss of estate Rs. 3,000Towards funeral expenses Rs. 2,000
7. The appellants are entitled for a total sum of Rs. 2,10,000. Therefore, the amount of award is enhanced from Rs. 1,66,000 to Rs. 2,10,000. The enhanced amount shall carry interest @ 6% per annum from the date of application.
8. With the aforesaid modification, appeal stands disposed of.