Mohammad Rafiq, J. - (1.) THIS appeal has been filed by claimants dissatisfied with award dt. 22.08.2009 of learned Motor Accident Claims Tribunal Jaipur (Judge, Special Court, Communal Riots), in MAC Case No.14/2009 (49/1998), by which learned Tribunal awarded a compensation of Rs.4,05,000 to claimants. Learned counsel for claimants -appellants has made several arguments, however, he finally confined his argument to only one aspect that since there were/are six dependents, learned Tribunal ought not to have made deduction of 1/3rd for self -expenses of the deceased, and in view of the judgment of the Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another, : (2009) 6 SCC 121, now such deduction cannot be more than 1/4th because number of claimants in the present case were/are six. He further submits that a lesser compensation has been awarded for loss of consortium.
(2.) LEARNED counsel for respondent no.3 insurance company opposed the appeal and submitted that amount of Rs. 10,000/ - has been rightly awarded by learned Tribunal for loss of consortium and the impugned award needs not be interfered with. In view of the judgment of the Supreme Court in Sarla Verma (Smt.) and Others, supra, and keeping in view the fact that there were/are six dependents, deduction of 1/4th can be made for self -expenses of the deceased on the analogy that he would have contributed more to the family rather expending on himself. The Tribunal has determined the monthly income of the deceased at Rs.3000/ - and after deducting 1/4th therefrom the monthly dependency would come to Rs.2250/ -. Keeping in view the age of the deceased to be 45 years at the time of accident, the Tribunal has rightly applied the multiplier of 15. Calculating thus, the compensation for loss of dependency would come to Rs.4,05,000/ - (2250 x 12 x 15). The award of compensation of Rs.45,000/ - on non -pecuniary heads i.e. Rs.10,000/ - for funeral expenses, Rs.10,000/ - for loss of consortium to wife, Rs.25,000/ - for loss of love and affection to five claimants at the rate of Rs.5000/ - each, is maintained. As discussed above, the award of Rs.4,05,000/ - is enhanced to Rs.4,50,000/ -. The appellants are thus held entitled to receive total compensation of Rs.4,50,000/ -. The appellants are also held entitled to receive interest at the rate of 7.5% per annum on the enhanced amount of compensation from the date of filing of the claim petition. Compliance of the judgment be made within a period of three months from the date its certified copy is produced before respondent no.3 insurance company. The impugned award is accordingly modified. The appeal stands allowed accordingly. ;