JUDGMENT
N.K. Jain, J.
1. The claimants/appellant, who are parents of deceased Laxman, have filed this Misc. Appeal under Section 173 of the Motor Vehicles Act 1988 for enhancement of the amount of compensation against the judgment/award dated 28.6.1993 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur in claim petition No. 687/91 by the learned Tribunal passed an award for Rs. 74,000/- in favour of the claimants/appellants. The claim petition was contested by all the non-applicants. The Tribunal framed 5 issues. The claimants examined AW 1 to AW 4 and produced the documentary evidence. The Insurance Company filed Insurance Policy Ex. A-1.
2. The learned Tribunal vide impugned judgment recorded a finding that this accident took place because of negligence on the part of the driver non-applicant. So far as Issue No. 3 relating to the quantum of the compensation is concerned, the Tribunal considered the statement of AW 4 Udai Lal and AW 1 Nand Ram and on that basis a finding was given that deceased was 25 years of age and for income of the deceased, the Tribunal considered the statement of AW 1 Udai Lal who stated that deceased was earning Rs. 500-700 per month. The Tribunal determined the compensation @ 400/- per month after deducting Rs. 100/- per month as his personal expenses. The multiplier of 5 was applied for awarding compensation in favour of father and multiplier of 20 was applied @ 200/- per month for awarding compensation in favour of mother. Rs. 10,000/- was awarded as love and affection to parents and Rs. 10,000/-for love and affection to brothers and sisters. The total compensation of Rs. 92,000/-was awarded, however 20% deduction was made on account of lumpsum payment.
3. The counsel for the appellant submits that the Hon’ble Supreme Court in Manju Devi and Anr. v. Musafir Paswan and Anr. reported in 2005 ACJ 99 awarded a sum of Rs. 2,25,000/- in the case where the age of the boy was 13 years. He further submits that no deduction can be made on account of lumpsum payment in view of the judgment of the Hon’ble Supreme Court in Hardev Kaur and Ors. v. RSRTC and Anr., reported in 1992 ACJ, 300.
4. The counsel for the respondent-Insurance Company submits that looking to the income of the deceased as pleaded in the claim application itself, the compensation awarded by the Tribunal is quite reasonable. However, in view of the judgment of the Supreme Court, he does not dispute that no deduction can be made on account of lumpsum payment, Therefore, his contention is that the total compensation may be awarded as Rs. 92,000/- without deducting 20% for lumpsum payment. He has referred Kerala State Electricity Board v. Bhaskaran Nair, reported in 2004 ACJ, 912 wherein the Division Bench of the Kerala High Court reduced the amount of compensation awarded by the Tribunal from Rs. 1,50,000/- to Rs. 1 lac in similar circumstances.
5. I have considered the rival contentions and examined the impugned award and also the record of the Tribunal.
6. The learned Tribunal has discussed the statement of AW 1 and AW 4 in respect of age and income of the deceased. Rs. 92,000/- has been awarded under all heads. However, the deduction on account of lumpsum payment has been made, which was not permissible in view of the judgment of the Hon’ble Supreme Court as referred above.
7. After considering the submissions of the counsel for the parties and after considering the judgments of the Hon’ble Supreme Court and also the judgment of the Kerala High Court as referred above, this Court is of the opinion that the amount of compensation in the present matter awarded by Tribunal is on lower side and the same is enhanced to a lumpsum amount of Rs. 1,50,000/- under all heads.
8. Consequently, the appeal is allowed, the amount of compensation of Rs. 74,000/- is enhanced to Rs. 1,50,000/-. The counsel for the appellant does not dispute that a sum of Rs. 74,000/- has already been paid, therefore, respondents are now directed to make the payment of the remaining/enhanced amount of Rs. 76,000/- with interest @ 6% per annum from the date of the filing of the claim application i.e., 18.6.1990 till the date of the deposit of the amount in the Tribunal. The counsel for Insurance Co. wants time to deposit the entire amount. Six weeks time is allowed for the same. The Tribunal is directed to deposit the entire amount with interest in the Monthly Income Scheme of the Post Office in the joint names of appellants Nand Ram and Smt. Gyarsi for a period of 6 years. The claimants-appellants will be entitled to receive the monthly interest and full payment on its maturity. No order as to costs.