RAFIQ, J.—Service of notice on respondents no.1 and 2 is dispensed with. Application bearing inward No.12317 dated 17.4.2012 stands allowed.

2. Claimants have preferred this appeal dissatisfied with quantum of compensation of Rs.6,05,000/-, awarded by learned Motor Accident Claims Tribunal, Shahpura, District Jaipur, vide its award dated 07.03.2009 in MAC Case No.160/2008. Award was passed in a death claim where one Mahesh Kumar died in a road accident.

3. Only contention raised by learned counsel for appellants is that as per ratio of judgment of the Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another – (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), deduction of 1/4th ought to have been made by learned Tribunal for own expenses of deceased out of his accepted monthly income of Rs.3,750/-, because number of dependents are five.

4. Learned counsel for respondent insurance company opposed appeal and submitted that father and mother could not be said to be solely dependent on deceased and learned Tribunal rightly deducted 1/3rd for own expenses of the deceased.

5. Having heard learned counsel for parties and perusing material on record, I am of the view that learned Tribunal ought to have deducted 1/4th for own expenses of deceased instead of 1/3rd as per ratio of judgment of the Supreme Court in Sarla Verma, supra. Learned Tribunal has assessed monthly income of deceased at Rs.3750/-. After deducting 1/4th for own expenses of deceased, monthly dependency would come to Rs.2,812/- (3750-938). After applying multiplier of 18, compensation for loss of dependency would come to Rs.6,07,392/- (2812x12x18). Award of Rs.65,000/- on non-pecuniary heads i.e. deprivation of consortium, deprivation of love and affection, deprivation of future care in old age and funeral expenses, is maintained.

6. Claimant-appellants are thus entitled to receive compensation of Rs.6,72,392/- (607392+65000) instead of Rs.6,05,000/-. Appellants would be entitled to interest at the rate of 7.5% per annum on enhanced amount of compensation from date of filing of claim petition till actual payment thereof.

Appeal accordingly stands partly allowed.

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