ORDER
T.S. Doabia, J.
1. Saleem, a young man of eighteen died in an accident. On 10th of June, 1990, he was travelling in a tempo bearing No. MBH 6606. He was going towards Balmore; near Jadda ka pura, a truck bearing No. MBG 9315, hit this tempo and he died. A claim petition was filed by the parents of the deceased. This was subject-matter of adjudication before the Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal). The Tribunal has come to the conclusion :
(i) that, Saleem died on account of rash and negligent driving on the part of the truck referred to above; and
(ii) that, Saleem, who died in the accident is a tempo mechanic and he was earning rupees fifteen only per- day. Accordingly his monthly income was assessed as rupees four hundred fifty only per month.
(iii) that, it was accordingly concluded that he would be contributing only rupees one hundred fifty towards the family kitty. Applying a multiplier of 16, compensation to the extent of rupees twenty-eight thousand eight hundred only was granted.
(iv) that, another sum of rupees twenty-five thousand only was allowed towards the grief suffered by the parents. This was granted under the head mental pain and agony.
(v) that, the total amount which thus, came to be awarded by the Tribunal was rupees fifty-three thousand eight hundred only.
2. The claimants have preferred this appeal. According to them, the compensation awarded is meagre. The New India Insurance Company Limited has filed cross-objections. According to them, the claimants are not entitled to a sum of rupees twenty-five thousand only for mental pain and agony.
3. The question as to whether the accident took place or not and as to whether the offending truck driver was driving rashly and negligently is a matter on which nothing much has been said by the Insurance Company and as noticed above, the only serious argument is with regard to the quantum of compensation.
4. It has come on the record that Saleem was working as a tempo mechanic. It has also come on the record that on the fateful day, he was travelling in this tempo with a view to repair another tempo at Balmore.
5. Judicial notice can be taken of the fact that minimum wages have been fixed for skilled and unskilled labourers by the Collector. For unskilled labour, the rate fixed by the Collector is around rupees thirty-nine only per day. If this figure is taken into consideration and twenty-five days in a month are considered as the days on which a workman would work, then the monthly income of a workman should be a little less than rupees one thousand only per month. Taking into consideration the fact that Saleem was a skilled workman, it would be just and proper to assess his income at rupees nine hundred only per month. Therefore, it would be apt to conclude that he was contributing rupees five hundred only towards the family kitty, as he was a young man staying with his parents. The figure for one year would accordingly come to rupees six thousand only.
6. Taking into consideration of the law laid down by this Court in State of M. P. v. Smt. Asha Devi and Ors., 1988 MPLJ 346 = 1989 JLJ 541 a multiplier of 16 is being applied and the compensation is being assessed accordingly.
7. So far as the question as to whether the claimants are entitled to compensation on account of mental agony is concerned, it is settled that no amount can be granted under this head. This Court in Nasruddin v. Kadir Ahmed, 1986 ACJ 94 (MP), observed as under :
“His another submission is that the applicants should also have been compensated for their pain and suffering from the accidental death of Saleem. So far as the latter submission of the learned counsel is concerned; suffice it to say that there is no foundation in law for advancing and basing such a claim. The Tribunal has rightly rejected the same.”
Earlier to this, the Supreme Court of India in N. Sivamma v. Managing Director, Pandian Roadways Corporation, 1985 ACJ 75, has laid down in categoric terms that compensation cannot be awarded for agony suffered by the dependents. Same is the view expressed by a Full Bench of Andhra Pradesh High Court in the case reported as Andhra Pradesh State Road Trans. Corporation Hyderabad v. Ch. Narasava and Ors., 1987 ACJ 419.
8. In view of the above situation of law, the Tribunal committed an error in awarding a sum of rupees twenty-five thousand only towards mental agony suffered by the parents of Saleem. The claimants, as such, would not be entitled to this amount. They would be entitled to the compensation as indicated above.
9. The claimants would also be entitled to the interest on the enhanced amount of compensation. The Insurance Company would make the payment from the date of the application. The rate of interest would be twelve per cent per annum and the enhanced amount would be paid within a period of three months on failure to pay the same within the aforementioned period then the claimants would be entitled to interest at the rate of eighteen per cent per annum. The period of three months would begin from the date copy of the order passed by this Court is made available to the insurance company by the claimants. The claimants would also be entitled to costs. Costs rupees one thousand only.