Asha, J.
Appellants are the mother, sisters and brothers of deceased Mohammed who succumbed to the injuries sustained in a road accident which occurred on 1/11/1997, when he was knocked down from the motor cycle, he was riding. He was working as Head Constable of Police in A.R.Camp. The claim petition was filed seeking compensation to the tune of `7,92,000/- . The Tribunal awarded a sum of ` 3,71,076/- as compensation.
2. The appeal is filed seeking enhancement of compensation on the ground that the award is passed granting throughly inadequate amounts under various heads. The multiplier has been taken as 11 reckoning the age of the mother who was aged 52. In fact the deceased was aged 26 years at the time of the accident. He was drawing a salary of `3,927/- per month, as seen from Ext.A6 salary certificate. In accordance with the principles laid down in Sarla Varma v. Delhi Transport Corporation ( 2010 (2 ) KLT 802 (SC), the proper multiplier to be adopted is 17. The learned counsel for the appellants submits that the deceased was the only earning member of the family consisting of 5 members including mother, sisters and brothers. In accordance with the judgment of the Supreme Court referred above ( paragraph 32 of the judgment), 1/3 has to be deducted towards personal expenses of the deceased. Thus, adopting the multiplier of 17 and adding 50% towards future prospects along with the monthly salary and after deducting 1/3rd towards personal expenses, the appellants will be entitled to a sum of `8,01,100/- towards loss of dependency.
3. The Tribunal has awarded only a sum of `2,000/- towards funeral expenses. As the accident occurred in the year 1997, we find it just and proper to award a sum of `15,000/- towards funeral expenses. Towards loss of estate, the Tribunal has granted only a sum of `2,500/-. We find it fit to enhance the same to `20,000/-. Similarly, no amount is seen awarded towards loss of love and affection. The mother and siblings have lost the only earning member in the family who is the son and brother of the siblings at the younger age. Therefore, a sum of `100,000/- is awarded altogether towards loss of love and affection. Thus the award is accordingly modified as follows :
4. The amount will carry interest @ 9% per annum from the date of petition. It is seen that the appellant has remitted court fee only for a sum of `7,92,000/-. Therefore the enhanced amount shall be disbursed by the Tribunal only after the deficit court fee is remitted. The Insurance Company shall deposit the amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment. The amount will be apportioned on the very same ratio as directed in the award.
The appeal is accordingly allowed.
T.R.RAMACHANDRAN NAIR, JUDGE sv. P.V.ASHA, JUDGE