ORDER
A.K. Mishra, J.
1. The claimants have preferred the present appeal for enhancement of the
compensation awarded by the Additional Motor Accident Claims Tribunal, Bhopal in Claims Case No. 120/1985.
2. Claimant’s son Om Prakash Rai died in an accident dated 14-12-93. The deceased after alighting from Madhya Pradesh State Road Transport Corporation but was going back to his house near ‘Mata’ mandir (temple of local diety), when Mini Bus No. MP04-C/6913 driven by Abdul Aziz, owned by Laxman Das and insured with The Oriental Insurance Company Limited, dashed against him. Head injuries were suffered. Om Prakash was taken to the hospital where he died. The deceased was working as a Lab Attendant in Indian Institute of Social Science and was drawing salary of Rs. 1838/-, including other facilities the emoluments were Rs. 2500/-. The deceased was aged 26 years and was fit and in good health. Report of the incident was lodged. A criminal case was registered against the driver. The total amount of the compensation claimed was Rs. 4,10,000/-.
3. The owner and the driver were proceeded ex-parte and did not file any written statement. The insurer in the written statement denied the allegations and contended that the Mini Bus was driven in violation of the conditions of the insurance policy. The driver was not possessing a valid driving license at the time of the accident and hence the claim be dismissed against the Insurer.
4. The Claims Tribunal has awarded a sum of Rs. 60,000/- to the claimants alongwith interest @ 12% per annum from the date of the claim petition till realization. The negligence of the driver of the Mini Bus has been found and on facts finding recorded is that the Mini Bus came below the road and from behind hit deceased Om Prakash, due to which he suffered injuries. Crushed injuries were caused on the head of the deceased. Om Prakash died the same day in the hospital.
5. In the present appeal, on behalf of the appellants it is submitted that compensation awarded is grossly inadequate and needs to be suitably enhanced. The deceased was earning Rs. 2500/- per month. Thus the dependency which has been arrived at of Rs. 500/- is disproportionate. Proper multiplier has also not been applied. Instead of multiplier of ’10’, as the deceased was aged 26 years, the proper multiplier is ’17’.
6. After hearing the counsel and perusing the records, we are of the opinion that the salary which has been fixed by the Tribunal at Rs. 1644/- is not a correct figure. From the salary certificate Ex. P-4, the total salary of the deceased was Rs. 1838/-. The learned Claims Tribunal has deducted the amount paid by the deceased of Rs. 15/- towards Group Insurance, Rs. 50/-towards General Provident Fund and Rs. 129/- towards Vehicle Advance. Total of Rs. 194/- has been taken out of the total salary of Rs. 1838/-, which comes to Rs. 1644/-. As a matter of fact, the salary has to be taken to be Rs. 1838/- because the amount paid by the deceased towards Group Insurance, General Provident Fund and Loan, if any taken by him, cannot be reduced while ascertaining the total salary for the purposes of computation of the
income of the deceased. These amounts arc to he included. Thus, the salary of the deceased has to he taken to be Rs. 1838/-. One-third of the amount is to taken as self expenditure of the deceased. Thus, the total dependency comes to Rs. 1225/- per month. The proper multiplier, as the deceased was aged 26 years, is ’17’. Thus, the total dependency conies to Rs. 1225 x 12 x 17 = Rs. 2,49,900/-. In addition the claimants are also entitled to Rs. 2000/- towards ‘funeral expenses’, Rs. 2500/- on account of ‘loss of estate’ and Rs. 5000/- on account of ‘loss of expectancy of life’. Thus, the appellants are entitled for a sum of Rs. 2,59,400/- alongwith interest @ 10% per annum from the date of filing of the claim petition till realisation.
7. The appeal is partly allowed. The appellant are held entitled for compensation of Rs. 2,59,400/- (Rupees Two Lacs Fifty Nine Thousand and Four Hundred) along with interest @ 10% per annum from the date of filing of the claim petition till realisation. Liability to pay the award by the respondents shall be joint and several.
8. Misc. Appeal partly allowed.