( 1 ) THIS appeal is directed against the award of First Motor accidents Claims Tribunal, Seoni, in the claim Case No. 110 of 1992; decided on 29. 2. 2000.

( 2 ) BRIEFLY stated, the accident had taken place on 11. 6. 1991 when truck No. CPV 4975 driven rashly and negligently by kalyansingh hit car No. MH 31-G 0560 in which Amarjeet Kaur was going from nagpur to Jabalpur along with her son raunak, daughters Ritika and Ruchika, resulting in her death. The claimants are husband and daughters of Amarjeet Kaur. Compensation of Rs. 3,12,000 has been awarded with interest at the rate of 4 per cent per annum.

( 3 ) THE claimants being dissatisfied with this award, have challenged the same through this appeal. The sole question for determination in this case is whether the claimants have been awarded just compensation. Mr. Akshay Dharmadhikari, the learned counsel for appellants, submitted that as the award passed by the Tribunal is grossly inadequate looking to the status and income of the deceased, the same deserves enhancement. Mr. Naveen Dubey, learned counsel for New India Assurance co. Ltd. , insurer of the offending truck, supported the impugned award.

( 4 ) IN order to establish the income of deceased Amarjeet Kaur, the income tax returns of the years 1989-90, Exh. P-l, 1990-91, Exh. P-2 are relevant. The other income tax returns which were placed on record, have been filed by claimant No. 1 husband of the deceased, after the death of his wife Amarjeet Kaur and cannot be taken into consideration as possibility of them being filed, by inflating the income, cannot be ruled out. Taking into consideration the income tax return of the year 1990-91, Exh. P-2, filed on 27. 9. 1990, i. e. , just before the accident of the deceased, income of the deceased can be safely taken to be Rs. 52,541 per year. After deducting 3rd towards her personal expenditure, the yearly dependency comes to Rs. 35,026. The age of the deceased was 35 years and, therefore, multiplier of 17 can be adopted. The compensation thus, would come to rs. 35,026 x 17 = Rs. 5,95,442. The claimant husband is also entitled for Rs. 5,000 as consortium, Rs. 2,500 for loss to estate and Rs. 2,000 as funeral expenses.

( 5 ) ACCORDINGLY, appeal is partly allowed and award is modified. Claimants are held entitled to compensation of Rs. 6,04,942. The appellants will be entitled for interest at the rate of 9 per cent per annum from the date of application till payment. No orders as to the costs. Appeal partly allowed.

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