B.K.NARAYANA,J. - (1.) Heard Sri Vashistha Tiwari, learned counsel for the appellants.
(2.) This appeal has been preferred by the claimants/appellants for enhancement of compensation awarded to them by the M.A.C.T./Additional District Judge, Court No. 6, Deoria by judgement and award dated 07.04.2012 for the death of Bhanu Prakash Shukla, husband of claimant/appellant No. 1 and father of claimant/appellant No. 2, who was aged about 54 years at the time of the accident which had taken place on 26.02.2010 at about 10 p.m. while he was going from Delhi to Lucknow along with his wife, claimant/appellant No. 1 in a Lancer Car, bearing registration no. D.L. 7C-A- 4185, hereinafter referred to as the offending vehicle, owner whereof was respondent No. 1, which on account of being driven rashly and negligently by its driver, collided with a tractor trolley from behind which was parked on the left side of the road.
(3.) The Tribunal by its judgement and award allowed the claim petition in part against the respondent nos. 1 and 2 and directed the respondent no. 2 to pay a sum of Rs. 33,19,162/- as compensation to the claimants/appellants. The Tribunal by the impugned judgement and award calculated the compensation in the following manner:- After making necessary deductions, the Tribunal held that the deceased, who at the time of his death was working on the post of Deputy Director in the Central Pollution Board, Ministry of Environment and Forest, Government of India, was earning Rs. 76,441/- per month or Rs. 9,17,292/- p.a. The Tribunal also deducted the yearly income tax of the deceased i.e. Rs. 1,34,392 from his annual income and thus, the actual annual income of the deceased was calculated as Rs. 7,82,900/-. The Tribunal held that the deceased would have spent amount on his living and personal expenses and after deducting the aforesaid amount, he would have contributed a sum of Rs. 5,21,934/- to the family expenditure. The Tribunal further held that the deceased's monthly transport allowance which was Rs. 4064/- or Rs. 48,768/- p.a. was liable to be deducted from Rs. 5,21,934/- and after deducting the same held that the deceased would have contributed Rs. 4,73,166/- p.a. towards his family contribution. Considering the age of the deceased which at the time of his death was between 51- 55 years, the Tribunal applied the multiplier of 7 to the multiplicand and determined the total loss of dependency as Rs. 33,12,162/-. The Tribunal thereafter proceeded to award Rs. 2,000/- and Rs. 5000/- under the conventional heads of funeral expenses and loss of consortium respectively and assessed the total compensation as Rs. 33,19,162/-.;