The matter is listcd 0n default for non-payment of msh P.F‘. with correct addmss for sunvioe of summon to mspondent No. 5. However, considering that the instant appeal is at the instance of the claimants for enhancement of awaxd and further considering that liability has been fastened upon the respondent No. 3- Oriental Insurance Co. Ltd. which service of summon upon respondent No. 3 is dispensed with. With the consent of the parties, the matter is heard nnaliy. i JUDGMENT SB: HON’BLE 3HRI DHIRE“DEA MI§HRA J. are husband and sons of the deceased this appeal against the award dated 18th m Claim Case No. l9li2002 by the Additional Motor Accident Claims Tribunal, Dhamt‘an’, Distt. Dhamtari whereby a sum of Rs. 1,10,29OI- with interest at the rate of 8.5% ham 27-7- 1999 has been awarded as compensation for death of Sumitra Bai who died om 11-7— 1999 as a result of motor vehicle accident dated 24-6-1999 has been served and represented, the The appellants who Sumiua Bai have preferred November, 2002 passed involving Jeep No. CIS 8149 owned by respondent No. 2 Babulall Shanna, driven by respondent No. 1 Chanduram and insured by respondent No. 3 at the relevant time. 2. The grounds urged by the appellants are that the deceased was earning Rs. 1,500/— per week hem vegetable vending business, None appears for other respondents. XI—HC-22 m m » mwow £003 WW‘ v 200 m www1iwm ammm (”a however the Tribunal has ésscssed compensat‘on by taking monthly income at Rs. 1,5001- pkr month imming oral and umebutted widence adduced by the clJaimants in this regaxd, wrong muhiplicr of 10 has been applied even r hokiing the age of the deceased as 3O years whereas correct mul ’ph‘er of 17 ought to have been applied as per Schedule II of the Moto Vehicles Act, 1988. d counsel for the respondent No. 3- insurer submits that in th facts and cimumstances of the case, the T‘n’bnnal has correctly as essed the compensation payable to the appellants. 3. On the other hand, 4. I have heard learned unsel for the parties. 5. From the evidence vailable on record, it is evident that no nce has been led by the claimants regarding income of documentaw or oral Sumiira Bai except the statement of the claimants on oath tha the deceased was earning Rs. ISOOI- to 2000I- per week horn he business and consideringfhis fact, the Tribunal has assessed th monthly income of the deceased at Rs. 1500l— per month which i according to the opinion ofthis Court in the facts and circumstan s of the case proper and does not call for any interference. However, Tribunal has calculated compensation by applying multiplier of though as per Schedule H of the Act, for the age of 30 years, multplier of 17 is to be applied. Further the Tribunal has also deductrd Rs. 200l- per month towards pocket n s e e ‘ e d e e 1 » XLHC~22 mm WW axpenses in addition to Rs.5¢O/- towaxds the expandituré which shc would have otherwise incuirred on herself, had she bcen aliva Therefore, assessing the incoime of the deceased at Rs. 18,000] — per ammm and deducting l/S ‘ie. Rs; 6,000/- towanis her personal expenditum had she been alive, the annual dependency is assessed at Rs. 12,000l- per annum. Applying multiplier of 17, loss of dependency is assessed at Rs. 2,04,000/-. The deceased was hospitalized nom 24-6-1999 to 11—7-1999 ie. 16 days, themfom looking to the period of hospitalization, it would be appropriate if a sum of Rs. l0,000/- is waxded towaxds the expenditure on treatment of ihe deceased. sum of Rs, i0,000]- awarded by the Tribunal on other heads i.c. l ss of oonsorh‘mn and love and adection is proper and does not call f0 interference. 6. In the result, the ap cal is partly allowed and appellants- clajmants are awarded a t sum of Rs. 2,24,0001- in place of Rs. l,lO,290/—, in other words, additional sum of Rs. l,13,710/- is awarded to the claimants. T above amount shall carrv the interest at the rate as awarded bv Tribunal and the amount shall he disbmsed to the claimants in the same proportion as awarded by the Claims Tribunal within two ths. Sill- Dhirendra Mishra Judge T 6! [its éfaa o e n