,("'-.,a»-Ig!, '<!•) ft^ ^il-'\ 3s. "iS*IBBa '^S-g^ii^ y v ilieants/ grfiVB^sa^^r^ D6-j1ia^-pr6 1. 2. 3. Smt. Lata Bai, wife of Tomailai, aged about 34 years. Himanshu, son of late Tomallal, aged. about 3 years. Hitesh, son of late Tomailal, aaed about1 year. >. 2 & 3 are minors through their natural guardian mother Smt. Lat iai, wife of late Tomaila!, resident of Viitage Darba, Tehsil District Dhamtari. 1-al 3. ishwas, son of Shri Vishwas, resident of Gram Siloti, P.S. Amarkot, District Navrangpur (Orissa) Subrat Pai, son of Shri Sudhir Pa!, resident of Ramsagar Para, The New India^ Insurance Companv Ltd., Branch Office, R.D.A. Buitding, Raipur. ;5e Act Shri Sanjay Agrawal, learned counsel for the appeilants. None Tor respondents No.1 & 2. Shri Q. Aziz, iearned counsel for respondent No.3. IW The foltowing order of the Court was passed 'he appellants, unfortunate widow and mlnor chitdren of deceased Tomallal are seeking enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Dhamtari, (for short 'the Tribunal') vide award dated 28.10.2004, passed in Claim Case No. 11/2004. 2. As against the compensation of Rs.12,47,260/-, ciaimed by the appellants/ciaimants by fiting a claim petition under Section 166 of the Motor Vehicles Act, 1988 Tor the death of deceased Tomallal in the motor accident on 11.07.2003, the Tribunal awarded a Sotal sum of Rs.2,79,800/- as compensation along with annum from the date of filina of the claim petition tiil the date of actual payment. 3. Shri Sanjay Agrawal, Searned counsel for the appeilants submitted that though the claimants are fuliy satisfied with the amount of Rs.2,77,800/- awarded by the Tribuna! towards loss sney, the Tribunal has erred in not avi/ardlng any s loss of consortium to the widow and ioss'of estate ai oniy KS.; 4. The Tribunal assessed the income of deceased Tomallal at Rs.2,315/- per month on the basis of his salary certificate adducsd in evidence by the claimants. By deducting 1/3 of the income of the deceased towards his persona! expenses, the claimants' dependency was assessed at Rs.18,520/- per annum. iy multiplying the annual dependency or' Rs.18,520/- with the multiplier of 15, the compensation was worked out to Rs.2,77,800/-. By awarding a sum of Rs.2,000/'- towards funeral expenses, the Tribunal awarded a total sum of Rs.2,79,800/- as compensation for the death of deceased Tomallal in the motor accident. The Trlbuna! further directed payment of interest on the above amount of compensation of Rs.2,79,800/- @ 6% per annum from the date of filing of the claim petition titl the date of actua! payment. 5. On due consideration of the submissions of iearned counsel for the parties, we find that the Tribunal has certainly erred in not awarding any sum tov/ards loss of consortium to the widow and loss of estate and in awarding low sum of Rs.2,000/- Vtfe, therefore, award Rs.5,000/- towards toss of estste; Rs.5,000/- for loss of consortium to the widow and Rs.5,000/- 7. For the foregoing reasons, the appeal filed by the appellants for enhancemsnt of the compensation is allowed in part. The compensation of Rs.2,79,800/- awarded by the Tribunal is enhanced to Rs.2,92,800/-. The interest on the enhaneed amount of compensation of Rs.13,000/- is quanWedrf Rs.2,000/-. 8 . Respondent No.3 The New tndia Insurance Company Limited is granted two months' time for depositing the total sum of Rs.15,000/- (Rs.13,000/- towards enhanced amount of compensation + Rs.2,000/- tov/ards quantified amount of interest) before the concerning Ciaims Tribunal. No order as to costs. Sd/- Chief Justice Sd/- ^ ; Suiul Kumar Sinha | Judge --"5&- subbu