The main legal point established in the judgment is the calculation of compensation under the Motor Vehicles Act, including the assessment of future prospects and the determination of the insurance company's liability based on the premium paid.

J. C. VERMA, J.

( 1 ) THE claimant is widow of Vijay Bahadur who on the date of accident, i. e. , on 17,2. 1984 was of 51 years of age. He was a medical doctor by profession and was having a degree of MBBS. At the time of accident he was holding the post of Senior Administrator in the Government Hospital of S. M. S. at Jaipur.

( 2 ) CLAIM application was filed by the widow and the parents. The deceased doctor had died when he was hit by a Matador driven by one Ashok Kumar, respondent no. 1, bearing No. RNB 342 coming from jaipur towards Sanganer. The Tribunal had found the driver of the Matador to be rash and negligent. The deceased was crushed under the wheels. The Luna on which the deceased was riding was damaged. The learned Tribunal had awarded an amount of Rs. 92,000 only.

( 3 ) THE appellant has also filed a separate claim application. Both the claim applications were tagged together. However, the appeal has been filed only by the widow. The parents have been made party as respondents.

( 4 ) FOR the reasons that enhancement of compensation is being claimed, there is hardly any necessity to go into other aspects of the case, i. e. , about the manner of the accident as to how it was caused or negligence part of that. In the appeal in hand, the court is presently concerned with the enhancement. The following facts were brought on record: (1) the date of birth of the deceased was 9. 6. 1933; (2) he was 51 years of age; (3) he was doctor by profession having medical degree; (4) he was working as Senior Administrator which post is held by persons having medicine degree. He was a Government servant, employed in S. M. S. Hospital; (5) the deceased was at the time of accident, i. e. , on 17. 2. 1984 getting an amount of rs. 2,050.

( 5 ) THE Tribunal had by rough estimate, without giving any reasons, assessed the monthly dependency to be Rs. 2,050 with the multiplier of 7, which holding of the tribunal is vehemently challenged by the appellant. It is stated that the deceased was a doctor and had he continued in service up to the age of superannuation, his total monthly income would have crossed not less than Rs. 5,000. Apart from the above fact, even after retirement he would have got the full pension as it was a pensionable post and for the reason that he belonged to the medical profession, after retirement, could have started his own practice and might have earned sufficient amount. It is stated that even the registered medical practitioners after retirement are earning more than Rs. 10,000.

( 6 ) THERE is no doubt that the argument advanced by the learned counsel for the appellant has force. Apart from increase of pay from time to time, increments as levied and adding of other benefits, it is a fit case where in any case the monthly salary can be doubled by calculating the future prospects. Tribunal had applied the multiplier of 7 which according to me is too less. The deceased was of the age of 51 years. Even as per the Schedule attached to the Motor Vehicles Act, the minimum multiplier which should have been granted was 11. In such circumstances, the total future pay of a doctor of the qualification of MBBS is assessed to be Rs. 4,100, i. e. , double of the pay he was getting at the time of his death and after deducting 1/3rd from the said pay for his own expenses, the dependency comes to Rs. 2,733 p. m. and by multiplying it by 12, the yearly dependency comes to Rs. 32,796 with the multiplier of 11, the total compensation is assessed as Rs. 3,60,756.

( 7 ) WIDOW has been granted Rs. 5,000 for loss of consortium which is too less. It is increased to Rs. 20,000. The parents have been granted an amount of Rs. 2,000 only for loss of their son which according to him is also too less. It is increased minimum to Rs. 10,000. For making it a round figure of Rs. 3,90,756, another nominal amount of cremation as Rs. 244 is added. Thus, the total amount is enhanced to rs. 3,91,000 (making a round figure ).

( 8 ) MR. A. S.