J.C.VERMA, J. - (1.) THE present misc. appeal has been preferred challenging the award dated 2.12.98 passed by Motor Accidents Claims Tribunal, Jaipur whereby the compensation of Rs. 4,29,500 was ordered to be paid in MACT Case No. 997 of 1995.
(2.) THE claim application was filed by the claimants widow and minor son and daughter of the deceased Raja Ram, who had died in motor accident occurred on 28.3.1995 when the car No. RSB 5787, in which he was travelling, had collided with the trolley No. RJ -01 -G -1635. In the same accident, the other occupant of the car Premlata Khandelwal had also died. The trolley was insured with the Oriental Insurance Co. Ltd. On the evidence produced by the parties, the Tribunal came to the conclusion that the deceased was 36 years old and on the basis of income tax return, the Tribunal came to the conclusion that as per return for the year 1994 -95 the yearly income of deceased was Rs. 50,000, out of which Rs. 5,000 had been paid as tax and the annual income of the deceased was assessed to be Rs. 45,000. After taking into consideration the number of members of the family, it was held that the deceased was enjoying two and a half units and fixed the dependency to be Rs. 26,250 and applying the multiplier of 16 years awarded the compensation of Rs. 4,20,000 along with Rs. 5,000 for loss of consortium, Rs. 2,000 for cremation and Rs. 2,500 for loss to estate. As such the total compensation of Rs. 4,29,500 had been awarded. The present appeal has been preferred for enhancement of the compensation.
(3.) LEARNED counsel for the appellant prays that out of six units even if the expenditure of deceased is to be deducted in that situation only one -third of the total income could have been assessed as expenditure on deceased and the dependency could not have been less than Rs. 30,000 per year. It is further submitted that the amount of loss of consortium and cremation is very meagre.;