After hearing the rival contentions, this court finds that deceased was having six dependents and income of Rs. 3,000/per month can be safely presumed. The notional income of Rs. 15,000/- per annum was determined on the basis of Second Schedule to the Motor Vehicles Act.The Claim Petition was filed under section 166 of Motor Vehicles Act. Hence income of the deceased can be taken to be Rs. 36,000/- per annum, and as per judgement of Apex Court in the case of Sarla Verma and others Vs. Delhi Transport Corporation and another , 2009(2) T.A.C. 677(S.C.) since the number of dependents of the deceased were between 4 to 6 only 1/4 deduction was permitted. In view of the above dependency of Rs.24000/- per annum can be taken as just and proper. In addition to the aforesaid amount of Rs.24,000/- multiplied by relevant multiplier of 15 amounting to Rs. 3,60,000/- amount of Rs. 40,000/- towards loss of consortium and Rs.15,000/- towards expenses for last rites, is also payable to the claimants.40% of the income of the deceased is payable towards his future prospects which comes to Rs.1,44,000/-.Multiplier of 15 is applicable to the case of the deceased, who was aged about 40 years at the time of death. Rs.50,000/- each is payable to each claimant towards loss of love and affection as per judgement of Apex Court in the case of Magma General Insurance Co. Ltd. Vs. Nanu Ram alias Chuhru Ram and others , 2018 (4) T.A.C., 345 (S.C.) . The interest @ 7 % shall be payable to the claimants on the entire awarded amount from the date of filing of the claim petition till the actual payment to the claimants.
