Harun-Ul-Rashid, J.
Claimants 1 to 3 are the appellants. The appeal is directed against the award dated 24l/6/2005 in OP (MV). No.3860/1997 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The claimants 1 to 3 are husband and two children of the deceased who died in the accident that took place on 28/10/1997. The 4th claimant is the mother of the lst claimant. The deceased, who is wife of the lst claimant, while travelling on a scooter ridden by the lst claimant along M.G. road met with an accident when the stage carriage bus driven by the 2nd respondent hit the scooter. In the impact wife of the lst claimant fell from the scooter and at that moment the front left tyre of the bus ran over her body causing to death. The Tribunal passed an award allowing the claimants top realise `2,62,400/- as compensation with interest at the rate of 7.5% per annum from the date of petition till realisation. The quantum of compensation is under challenge. The parties are hereinafter referred to as the claimants and respondent as arrayed in the original petition.
2. The deceased, who was aged 49, was employed in Naval Base in the Chief Engineer's Office (MES) at Katari Bhag. It is stated that her salary was `6,000/- per mensum at the time of the accident and loss of dependency has to be calculated on that basis. The Tribunal observed that loss of dependency can be fixed taking the income only at `2,400/- per mensum and deducting 1/3rd for the personal expenditure of the deceased `1,600/- can be taken as the monthly contribution of the deceased to the family. The reason stated for fixing the salary at `2,400/- per mensum, though there is evidence to show that she was drawing `6,000/- as salary per month does not stand justified. Exts.A11 and A12 certificates issued from Naval Base conclusively proved that she was drawing `6,000/- as salary per mensum. Taking her monthly as `6,000/- and deducting 1/3 for the personal expenses of the deceased, the balance amount is `4,000/-. `4,000/- can be taken as the monthly income of the deceased. Applying the correct multiplier 13 the total loss of dependency can be arrived at `6,24,000/- (4000x13x12). Deducting `2,30,400/- already awarded the claimant is entitled to an additional compensation of `3,93,600/-. No enhancement of compensation is claimed under other heads in this appeal.
Therefore, we grant an additional compensation under the head 'loss of dependency' alone.
In the result, the appeal is partly allowed. The award impugned is modified. The claimant is entitled to realise `3,93,600/- with interest at the rate of 7.5% from the date of petition till realisation. The ratio of division and other directions issued by the Tribunal shall stand.
HARUN-UL-RASHID, Judge.
kcv.
ANIL K.NARENDRAN, Judge.