,2. Misc. AllpgaLNo. 743 0f2002 i 1 The appellants‘ unfortunate widow, child and parents of deceased - Nizamuddin filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.9,20,000/— for his death in the motor accident which took place on 26.04.2000 when he was dashed by the offending truck bearing registration No.M.P.23-D—9848 on account of ras and negligent driving of the said truck by its driver. The claimants pleaded hat the deceased was working as conductor / cleaner in a truck and was earning Rst1500l- per month and Rs.30/- per day, thereby he was earning Rs.2400/— per month. L 3. The Tribunal held that the accident occurred on account of rash and negligent driving by the driver of offending truck; the truck was insured with the Oriental insurance Company Limited, therefore. the respondents were jointly and severally liable to pay compensation. 4. The Tribunal held that the deceased was aged about 25 years. Without maki‘ng calculation on multiplier basis it awarded a lump—sum compensation of Rs.1 ,00,000/- to the appellants for the death of deceased in the motor accident. The Tribunal also awarded interest @ 9% per annum from the date of filing of the claim petition till realization. 5. Mr. J.S P. Chandrasen, learned counsel appearing on behal of the appellants argues that the appellants had proved that the deceased was earning Rs.2400/— per month, therefore, the Tribunal ought to have assessed the compensation on the basis of income of the deceased as Rs.240()/f per month by applying suitable multiplier to the amount of annual dependency of the appellants. 6. On the other hand, learned counsel appearing on behalf of thee insurance company opposes these arguments and supports the award passed by the Claims Tribunal. 7. We have heard the learned counsel for the parties at length and have also perused the records of the claim case.- 2. _ [The claimants had pleaded that the deceased was working as a conductor and was earning Rs.2400/- per month. Though they had 8. J; h t f 3 Misc. Appgll N0. 743 of2002 pleaded that the deceased was earning Rs.2400/- per month, ut it comes in the evidence of Noor Mohammad (A.W.1) that his son Nizamuddin (deceased) was working as a conductor and was earning Rs.1500/— per month and he was also getting Rs.30/- per day for his own expenses. Similar is the evidence of Sirajuddin (A.W.2). On the above evidence on record, it was estabiished that the deceased was earning Rs.1500/— per month. In the above facts and circumstances, the Tribunal ought to have assessed the dependency of the appellants on the said income of the deceased and then only the amount of compensation would have been Calculated. Therefore, we propose to calculate the amount of compensation on the said monthly income of the deceased. 9. On the basis of Rs.1500/— per month, the annual income of the deceased would come to Rs.18000/—. By deducting 1/3’d towards personal expenses of the deceased, the dependency of the appellants would come to Rs.12,000/—. The deceased was aged about 25 years and his widow namely Noorefa Khatun was aged about 22 years on the date of the accident. There was a minor son, aged about one year and parents we‘re also there. Therefore, we deem it appropriate to apply multiplier of 17 in the present matter. By applying multiplier of 17 to the annual dependency of Rs.12,000/—, the compensation works out to Rs.2,04,000/-. By adding further sum of Rs.10,0()0/- under other permissible heads, the total amount of compensation comes to Rs.2,14,000/—. The Tribunal has already awarded Rs.1,00,000/—. By deducting Rs.1,-00,000/- from Rs.2,.14,000/-, the difference comes to Rs.1,14,000/— which the appellants are now entitled to receive as the enhanced amount of compensation. With a view to avoid further complications and looking to the delay in disposal of the claim petition as also Misc. Appeal and further that the insurance company alone cannot be blamed for the delay, we deem it appropriate to quantify the amount of interest in this matter. We award Rs.11,000/— as the amount of quantified interest on the amount of enhanced compensation of Rs.1,14,000/—. Thus, the appellants are entitled to receive Rs.1,25,000/. (Rs.1,14;000/— as the enhanced amount of compensation + Rs.11,000/— as the quantified interest) as the total amount of compensation on account of death of deceased Nizamuddin i the motor accident. 10. b n 4 Misc. Appeal No. 743 of2002 @ 11. The Oriental Insurance Company Limited is granted three months time to deposit Rs.1,25,000/- with the concerned Claims Tribunal, failing which, this amount shall carry interest @ 6% per annum for the period commencing after the lapse of 3 months till its realization. 12. No order as to costs. *1 V iSdl— KL. Jhanwar Judge l r e Sd/- i, Sunil Kumar Sinha Judge l