Appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of death of Smt. Supyar Kanwar in the motor vehicle accident, which had occurred on 15.05.2009 due to rash and negligent driving of respondent No.1 while driving the offending bus. Tribunal has granted compensation to the tune of Rs. 4,01,680/- to the appellants. Hence, the present appeal for enhancement of compensation amount. Deceased was aged about 42 years at the time of accident and as per the salary certificate produced on record Exhibit-14, she was getting Rs.2,900/- per month. Keeping in view the number of appellants, 1/3rd out of the income of the deceased was liable to be deducted towards her personal expenses to workout the dependency of the appellants. Appropriate multiplier to workout the amount of compensation would be 14. Thus, the dependency of the appellants comes to Rs.1934 X 12 X 14 = Rs. 3,24,912/-. Appellants would be further entitled to receive an addition of 25% of the said amount towards future prospects of the deceased and the said amount comes to Rs. 81,228/-. Appellants would be further entitled to receive Rs. 40,000/- towards loss of consortium and Rs.15,000/- towards funeral expenses. Thus, the total compensation amount comes to Rs. 3,24,912 + Rs.81,228/- + Rs.40,000/- + Rs. 15,000/- = Rs.4,61,140/-.
