ORDER

This appeal is filed by the claimants being aggrieved of the award dated

28.04.2018 passed by learned First Additional Motor Accident Claims Tribunal, Khurai in MACT Case No.20/2014 on the ground that learned Tribunal has considered deceased to be a cleaner on the offending vehicle but has arbitrarily considered notional income of the deceased at Rs.3000/- per month in place of minimum wages which were to the tune of Rs.4770/- per month on the date of the accident. When income of the deceased is taken at Rs.4770/- per month then it come out to Rs.57,240/- (Rupees Fifty Seven Thousand Two Hundred and Forty Only) per annum. Tribunal has deducted 1/3rd towards the living expenses of the deceased when that is reduced then total dependency of the family come out to Rs.38,160/- (Rupees Thirty Eight Thousand One Hundred and Sixty Only). Age of the deceased has come on record between 21 to 25 years, therefore, 40% is to be added and then when multiplier of 18 is applied, total pecuniary compensation will come out to Rs.9,61,632/- (Rupees Nine Lakh Sixty One Thousand Six Hundred and Thirty two Only) in place of Rs.4,32,000/- (Rupees Four Lakh Thirty Two Thousand Only). Thus, there will be addition of Rs.5,29,632/- (Rupees Five Lakh Twenty Nine Thousand Six Hundred and Thirty Two Only). This additional amount will also earn interest @6% per annum from the date of filing of the claim petition till the date of actual payment.

This additional amount along with accrued interest shall remain invested in a Monthly Income Scheme of the Indian Post Office or a Nationalized Bank for a period of ten years. The claimants will be entitled to utilize its monthly interest for their well being and maintenance, but the principal amount will not allowed to be withdrawn for a period of ten years.

The other terms and conditions of the impugned award shall remain intact.

In above terms, this appeal is disposed of.

Let record of Claims Tribunal be sent back.

(VIVEK AGARWAL)

JUDGE

Tabish