Jha, J. -- 1. This appeal is by claimants for enhancement of compensation. Other findings as to factum of accident, rash and negligent driving and insurance of vehicle are not under the dispute. Question involved in the case is about quantum of compensation.

2. Claims Tribunal has determined the income of deceased at the rate of Rs. 12,000/- per annum and determined the compensation accordingly.

3. Counsel for appellant submitted that claims Tribunal in para 16 of award has recorded a finding that there is no dispute as to the income from daily wages of deceased. which is Rs. 50/- per day, but claims Tribunal determined the income at the rate of Rs. 1,000/- per month treating that he was getting the wages for 20 days in a month. Counsel for appellant submitted that evidence on record has not been considered properly. Claimants led evidence about the income of deceased is not considered. Gulabai CAW 1) has deposed that deceased was earning Rs. 125/- per day and entire family was dependent upon him. Father of deceased is blind, therefore, deceased was looking after the entire family. There is no cross-examination on the income of deceased, but suggestion was denied that wages in the village are Rs. 25-30/- per day. Shivlal (AW 2) has deposed that deceased was earning Rs. 125/- per day from daily wages. In the cross-examination, in para 7, this witness has deposed that agriculture labour is getting Rs. 125/- per day and sometime the wages are paid in kind. He denied the suggestion that wages in village are Rs 40-50/- per day. Similarly Mangilal CAW 3) has also deposed that labour is getting Rs. 125/- per day in the village. He denied the suggestion that the wages of labour in the village are Rs. 40-50/- per day and he has deposed on his own that wages are Rs. 125/- per day. Gendalal (NAW 2), owner of the vehicle, has deposed that he was paying Rs. 100-125/- per day to deceased Totaram. He has admitted that his tractor was sent for purchasing food grains for his servants. Tractor was returning with the goods of labour in the evening. This witness has also denied that wages in the village are Rs. 40-50/- per day, but stated that wages are between Rs. 100/- to Rs. 125/per day. No other evidence is led by the non-applicants.

4. In the circumstances, considering the overall evidence on record, it can safely be held that deceased was earning Rs. 100/- per day. Normally daily wagers get work for about 25 days in a month, therefore, his income is assessed at Rs. 2,500/- per month and Rs. 30,000/- per year. After deduction l/3rd income for his expenses, dependency is determined a Rs. 20,000/- per year. Deceased was aged about 25 years, therefore, on applying multiplier of 18, compensation is determined at Rs. 3,60,000/-. Claimants will also be entitled for further sum of Rs. 20,000/- towards damages such as loss of consortium, loss of estate, funeral expenses, etc. etc. Total compensation is determined at Rs.3,80,000/-. Claimants will also be entitled for interest at the rate of 68 per annum on the enhance amount of compensation from the date of filing of application.

5. Appeal succeeds in part and is allowed. There shall be no order as to costs.