JUDGMENT :

Arun Bhansali, J.

1. This appeal is directed against the judgment and award dated 26.4.2019 passed by Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 25,62,000/- as compensation alongwith interest @ 9% per annum from the date of application i.e. 17.1.2017.

2. The application for compensation was filed by the nine claimants, who were wife, children, parents and brothers of one Hari Ram, inter alia, with the submissions that Hari Ram was going on motorcycle when the offending vehicle a Mahindra Jeep, which was being driven rashly and negligently, collided with the motorcycle, resulting in, grievous injuries to Hari Ram, to which, he succumbed. It was claimed that the deceased was aged 28 years and was involved in grocery business, operating a flour mill and he used to undertake agricultural operations and earned Rs. 21,500/- per month. Based on the said submissions, compensation was sought to the tune of Rs. 1,35,08,000/-.

3. The application was contested by the Insurance Company questioning the averments made in the application. The other non-claimants also filed reply and contested the claim.

4. The Tribunal framed four issues. On behalf of the claimants, three witnesses were examined and 42 documents were exhibited. On behalf of the non-claimants, no evidence was led.

5. After hearing the parties, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the Jeep. The defence raised by the Insurance Company was negated.

6. While assessing the quantum of compensation, the Tribunal came to the conclusion that from the evidence available on record, the deceased was operating a flour mill and was involved in agricultural operations and assessed the income of the deceased at Rs. 10,000/- per month, thereafter, adding Rs. 4,000/- towards future prospects, deducting 1/4th towards personal expenses and applying multiplier of 17, assessed the loss of income at Rs. 21,42,000/-. The Tribunal also awarded Rs. 50,000/- each to the seven claimants except for two major brothers i.e.Rs. 3,50,000/- as compensation towards loss of love and affection, awarded Rs. 40,000/- towards loss of consortium to the wife, Rs. 15,000/- towards funeral expenses and Rs. 15,000/- towards loss of estate and in all awarded a sum of Rs. 28,62,000/-.

7. It is submitted by learned Counsel for the appellant that the Tribunal was not justified in awarding excessive compensation. Submissions were made that the material produced on record did not support the claim of the claimants pertaining to the income of the deceased and, therefore, the notional income even as per skilled workman could have been taken by the Tribunal, however, a huge sum of Rs. 10,000/- per month has been assessed as income, which deserves to be modified.

8. Further submissions were made that the award of Rs. 50,000/- each to the seven claimants towards loss of love and affection also cannot be sustained. It was further submitted that the Tribunal has awarded excessive interest @ 9% per annum, which also deserves to be modified.

9. Reliance was placed on judgment of Hon'ble Supreme Court in The New India Assurance Company Ltd. v. Smt. Somwati and Ors., Civil Appeal No. 3093/2020 and other connected matters decided on 7.9.2020 : 2020 (3) T.A.C. 711.

10. Learned Counsel appearing for the respondents - claimants vehemently opposed the submissions. It was submitted that the fact of agricultural operations and other income sources were duly proved by producing witness AW/3 - Gurmeet Singh, on whose land, the deceased was undertaking agricultural operations in share, further exhibits 30/A, 33/A and 34/A to 38/A were produced to indicate the fact that flour mill was being operated by the deceased and, therefore, the assessment made by the Tribunal cannot be faulted.

11. Further submissions have been made that though the Tribunal has awarded Rs. 50,000/- each to the seven claimants towards l