ORDER
Fakhruddin, J.
1. The appellants have preferred this appeal, under Section 173 of the Motor Vehicles Act, for short the ‘Act’, for enhancement of the Award passed by the Motor Accident Claims Tribunal, Morena in a Claim Case No. 88/1994, decided on 21st of August, 1995.
2. It is not in dispute that the accident had occurred on 8.10.1994 at 8 O’clock (morning), at Agra-Bombay Road, while the deceased Amarlal was going on the road and when he reached near Modern Bread Factory, at that time, a Metador bearing Registration No. CIG 4907, driven by the respondent No. 2 Gabbarsingh rashly and negligently came and hit Amarlal as a result of which, he sustained grievous injuries; he was admitted in the hospital immediately where he died during treatment, due to injuries sustained in accident. It is further not in dispute that the aforesaid offending vehicle is owned by respondent No. 1-Gopal and insured with respondent No. 3-Insurance Company.
14. Even otherwise, the report of the accident was lodged at Police Station Banmore, which was registered as Crime No. 132/94 for the offence under Section 304A of I.P.C. against the driver/respondent No. 2 and the challan was filed.
4. The claimants/appellants alongwith claim application filed all those documents.
5. The claim was denied. The learned Claims Tribunal however found the claimants entitled for compensation and awarded a sum of Rs. 1,26,000/- with interest at the rate of 12% per annum, from the date of claim petition till realisation.
6. In the appeal before us as stated hereinabove, the accident, rash and negligent driving with the offending vehicle have not been disputed by the respondent.
7. On 13.8.1998, Counsel for the parties had agreed for settlement in Lok Adalat, on enhancement of the award of Rs. 70,000/-, further, but somehow or the other this could not be finalised.
8. Learned Counsel for the appellants submitted that the amount awarded is quite meagre and required to be enhanced.
9. Learned Counsel appearing for the Insurance Company, on the other hand submits fairly that the Court may enhance the award, which is reasonable and permissible.
10. On perusal of the record, it is borne out that claimants contended that the deceased was earning Rs. 2,000/- per month, but the Claims Tribunal came to the finding that he was earning Rs. 1,400-1,500/- per month. The evidence is there that he was incurring Rs. 20/- per day upon himself. He has left widow, three minor sons and parents. Under the facts and circumstances, in the opinion of this Court, the Tribunal was not justified in holding 50% dependency. Counsel for the appellants also submitted that 2/3rd dependency should have been held in view of the evidence on record.
11. Thus taking Rs. 1,400/- as monthly income, applying the ratio of 2/3rd, the dependency comes to Rs. 933/- per month and yearly Rs. 11,196/-.
12. It is further pointed out by the learned Counsel for the appellants that the age of the deceased as found at the time of accident is 25 years and in such circumstances, the multiplier of 17 ought to have been applied. This contention of the learned Counsel appears to be justified, and as such applying the multiplier of 17 into the multiplicand, i.e. Rs. 11,196/- the amount comes to Rs. 1,90,332/-.
13. Learned Counsel for the appellants states that in this case, nothing has been paid towards loss of estate or loss of consortium. He submits that a sum of Rs. 9,500/- ought to have been paid. Learned Counsel for the respondent No. 3 does not dispute.
14. In the facts and circumstances, a sum of Rs. 9,500/- is awarded to the claimants/appellants as loss of consortium/loss of estate. Including this figure, the amount comes to Rs. 1,99,832/- round about 2,00,000/-.
15. So far as interest is concerned, learned Counsel for the Insurance Company, Mr. Bansal submits that interest may be awarded on the enhanced amount, i.e. Rs. 74,000/- from the date of presentation of the appeal before this Court, i.e. from 26.2.1996. Counsel for the other side has no objection.
16. Having thus considered the facts and circumstances, the claimants are held entitled to get a total sum of Rs. 2,00,000/- as compensation from the respondents jointly or severally. The appellants shall further be held entitled to get interest on the enhanced amount of Rs. 74,000/-, at the rate of 12% from the date of presentation of the appeal, i.e. from 26.2.1996 till realisation. It is directed that the amount shall be paid within four months adjusting the amount already paid. In case of failure to deposit within the prescribed period, the amount shall carry interest at the rate of 18% per annum.
17. In view of what has been stated above, the appeal is partly allowed. Counsel fee as per schedule.
18. The record of the Claims Tribunal be sent back alongwith the copy of this order. C.C. as per rules.