Calculation of future loss of dependency based on the deceased's monthly income and application of a multiplier to determine enhanced compensation.

( 1 ) FOR the death of a sanskrit scholar aged about 59 years, 7th additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 403 of 1996 has awarded Rs. 70,000 to his widow. The tribunal found that the other claimants who are major sons of the deceased were not dependent upon him and, therefore, were not entitled to receive any compensation.

( 2 ) THE widow along with major sons, have preferred this appeal for enhancement of the compensation.

( 3 ) IT is not disputed before us that deceased died on account of a road accident which took place on 31. 7. 1996 while he was travelling in a M. P. S. R. T. C. bus from dhamnod to Indore, a truck bearing the registration No. MP-K 7479 collided with the bus. The deceased was highly qualified person and he had B. Ed. and M. Phil. degrees. From the evidence it is clear that he used to teach Sanskrit to students. Thus, it can be safely held that monthly income of the deceased was Rs. 3,000.

( 4 ) THE loss of dependency of appellant no. 1 therefore, comes to Rs. 24,000 per annum. The Tribunal applied multiplier of 7 which according to us is on the lower side. In the facts and circumstances of the case proper multiplier is 8. Thus, the future loss of dependency of the appellant No. 1 comes to Rs. 1,92,000. To this we add another sum of Rs. 28,000. Thus the total compensation which the appellant No. 1 alone is entitled to receive from respondent nos. 1 and 3 jointly and severally comes to Rs. 2,20,000 (rupees two lakh twenty thousand ).

( 5 ) THUS, the appeal is partly allowed. The award of the Claims Tribunal stands modified to the extent indicated above. The enhanced amount shall carry interest of 6 per cent from the date of application till it is actually paid. Respondent No. 3 shall bear cost throughout. Counsel fee rs. 1,000, if certified.

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