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Judgment
Mr. Mansoor Ahmad Mir, C.J.(Oral) - Challenge in this appeal is to the award dated 18th May, 2010, passed by the Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (hereinafter referred to as ''the Tribunal''), in M.A.C. Petition No. 17 of 2007, whereby compensation to the tune of Rs. 2,18,000 with interest @ 7.5% per annum from the date of filing of the claim petition, came to be awarded in favour of the claimants-appellants herein and against the owner-respondent No. 1, herein (hereinafter referred to as ''the impugned award'').
The insurer, owner-insured and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them.
The claimants have questioned the impugned award on the ground of adequacy of compensation.
While examining paras 23 & 25 of the impugned award, one come to an inescapable conclusion that the award amount is too meager.
The Tribunal has fallen in an error in applying the multiplier of ''11''. Admittedly, the age of the deceased was 30 years at the time of accident. The multiplier of ''15'' was to be applied in this case, keeping in view the 2nd Schedule appended to the Motor Vehicles Act read with the ratio laid down by the Apex Court in Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another, reported in AIR 2009 SC 3104, upheld by a larger Bench of the Apex Court in a case titled as Reshma Kumari & others v. Madan Mohan and another, reported in 2013 AIR (SCW) 3120 read with the judgment rendered by the Apex Court in case titled as Munna Lal Jain & another v. Vipin Kumar Sharma & others, reported in 2015 AIR SCW 3105.
In view of the ratio laid down by the apex Court in the cases, supra, the claimants are held entitled to the tune of Rs. 1500/- x 12 = Rs. 18,000 x 15 = Rs. 2,70,000/- under the head ''loss of dependency''.
The Tribunal has rightly awarded compensation to the tune of Rs. 10,000/- each, under the heads ''loss of estate'' and ''funeral expenses, is accordingly upheld.
Having said so, it is held that the claimants are entitled to compensation to the tune of Rs. 2,70,000/- + Rs. 20,000/- total amounting to Rs. 2,90,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization.
The amount of compensation is enhanced and the impugned award is modified, as indicated above.
The owner is directed to deposit the enhanced amount along with interest, within a period of six weeks from today before the Registry. On deposit, the Registry is directed to release the entire amount in favour of the claimants, strictly in terms of conditions contained in the impugned award, through payees account cheque or by depositing in their accounts.
The appeal is accordingly disposed of.
Send down the record after placing copy of the judgment on Tribunal''s file.