JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 arising out of the judgment and award dated 18.04.2012 rendered by the learned Motor Accident Claims Tribunal, Dahod (the Tribunal) in Motor Accident Claim Petition No. 576 of 2005 (claim petition), whereby, the Tribunal was pleased to award compensation of Rs. 1,54,500/- with interest at the rate of 8% per annum from the date of claim petition till realization and proportionate cost against the total claim of Rs. 7.5 lakh as claimed by the appellants-original claimants towards the death of the deceased. Accordingly, the appellants have preferred this appeal for enhancement of compensation.

2. Nutshell facts are that on 28.09.2005, the deceased was travelling in a Jeep, which, as per the case of the claimants, dashed with a tree due to rash and negligent driving of the driver of the bus due to which, the deceased sustained grievous injuries and eventually, succumbed to the injuries, for which, the claimants filed the aforesaid claim petition claiming compensation to the tune of Rs. 7.5 lakh.

3. Heard, learned advocate Mr. MTM Hakim for the appellants. Though served, none has appeared on behalf of the respondents.

4. The learned advocate for the appellants submitted that the Tribunal has materially erred in awarding such a trivial amount of Rs. 1,54,500/- towards compensation for the death of the deceased as against the claim of Rs. 7.5 lakh. He submitted that the Tribunal has gravely erred in exonerating the insurance company from the liability to pay the compensation believing that the deceased was travelling as a gratuitous passenger in a private vehicle though there was nothing on record to substantiate the said aspect. He further submitted that the Tribunal has also erred in considering 1/3rd amount towards personal expenses. It is further submitted that the Tribunal has erred in adopting the multiplier of 15 only.

4.1 The learned advocate for the appellants further submitted that the Tribunal has further erred in awarding Rs. 2,500/- only towards loss of expectation of life and not awarding any amount towards the loss of estate and loss of consortium. Moreover, it is submitted that the Tribunal has also erred in awarding interest at the rate of 8% per annum only.

4.2 Thus, making above submissions, it is urged that this appeal may be allowed and amount of compensation may be enhanced suitably.

5. Regard being had to the submissions made and considering the impugned judgment and award so also the material available on record vis-a-vis the settled legal position on the subject, it appears that for the death of the deceased, the Tribunal has awarded compensation of Rs. 1,54,500/- under different heads. The learned advocate for the appellants-claimants has submitted that the Tribunal has awarded a meager amount under different heads and/or not awarding any amount under the heads of loss of estate and loss of consortium and in considering the dependency deducting 1/3rd etc. Further, it is submitted that the Tribunal has wrongly applied the multiplier of 15 only considering the age of the deceased. In this regard, if the compensation awarded by the Tribunal is referred to, it can be summarized as under:

5.1 In the aforesaid background, so far as the income of the deceased is concerned, it was the case of the appellants-claimants that the deceased was of 18 years of age and was studying in 10th standard at the time of accident. For want of any evidence qua lucency of the deceased, the Tribunal has considered the notional income of the deceased at Rs. 15,000/- per annum and deducting 1/3rd towards personal expenses, has considered the dependency benefits at