Sapre, J. -- Claimants have come up in appeal under section 173 of the Motor Vehicles Act against an award, dated 5.10.2001, passed by learned Additional Member, Motor Accident Claims Tribunal, Barwaha, District - West Nimar (M.P.) in Claim Case No. 58 of 2001. By impugned award, the learned Member of Claims Tribunal has awarded a total compensation of Rs. 1,69,000/- together with interest at the rate of 9% per annum for the death of one 'Kadwaji'. According to claimants (i.e. appellants herein) who are legal representatives of deceased 'Kadwaji', the compensation awarded by the Tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles Act. It is essentially for this reason, the claimants have filed this appeal claiming enhancement. So the Short question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and if so, to what extent?

In view of short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. It is also for the reason that findings in relation to nature of accident, how it occurred, who was responsible for causing death, liability, etc are decided in favour of claimants by the Tribunal: In the absence of any challenge to these findings by the respondents, by not filing any cross appeal or cross objection, these findings have become final.

The deceased 'Kadwaji' who died in motor accident was aged 30 years on the date of accident. He was labourer. The Tribunal while determining the compensation took Rs. 1,500/- to be the monthly income of deceased. After deducting l/3rd i.e. Rs. 500/- towards his personal expenses, a sum of Rs. 1,000/- was taken as dependency i.e. Rs. 12,000/- per annum. Applying the multiplier of 12, the Tribunal worked out a compensation of Rs. 1,44,000/-. Adding a sum of Rs. 25,000/- towards conventional heads, a total sum of Rs. 1,69,000/- was awarded, giving rise to challenge in this appeal.

Heard Shri Sanjay Patwa, learned counsel for the appellants and Shri S.H. Karanjwala, learned counsel for respondents.

Having heard learned counsel for the parties and having perused record of the case, we are of the opinion that appeal deserves to be allowed in part resulting in enhancing the compensation to the extent indicated infra.

We have on our part gone through the evidence led by the claimants. In our opinion, the monthly income of the deceased should have been assessed at Rs. 2,000/- in place of Rs. 1,500/-. In present days' scenario, a sum of Rs. 2,000/- is the most reasonable earning of any labourer. In this way, the total yearly income of the deceased works out to Rs. 2,000/- x 12 = 24,000/-. After deducting 1/4th in the facts of this case (in view of the large family) we get a figure of Rs. 18,000/-. Looking to the age of deceased, the proper multiplier should be 17. Thus, the claimants are entitled to claim a total sum of Rs. 18,000/- x 17 = Rs. 3,06,000/-, adding a total sum of Rs. 14,000/- under conventional heads, the claimants are entitled to claim Rs. 3,20,000/-. The enhanced amount to carry interest at the rate of 6% p.a. from the date of claim petition till realization. This in our opinion is the reasonable and adequate compensation payable to claimants for the death of 'Kadwaji'.

Accordingly and in view of aforesaid discussion, the appeal filed by the claimants is allowed in part. Impugned award is modified to the extent indicated infra. The claimants are held entitled to claim a total sum of Rs. 3,20,000/- from all the respondents jointly and severally together with interest at the rate of 6% p.a. only on enhanced sum from the date of enhanced amount till realization. All other findings and directions contained in the impugned award are upheld and they will be applied to the modified awa