J.K. Maheshwari, J:

1. This appeal is filed by the Appellants under Section 173 of the Motor Vehicles Act against an Award dated 25th February, 2010, passed by learned II Addl.M.A.C.T.Gwalior in Claim Case No.85/2009.By the impugned Award, the Claims Tribunal has awarded a total sum of र 2,97,600/- with interest to the claimants by way of compensation in the accident occurred on 17th July, 2009, causing death of Mamta Jatav.

2. Appellants had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of र 20,55,000/-According to the Appellants, compensation awarded by the Tribunal is on the lower side and deserves enhancement.However, by filing the appeal, inadequacy of the compensation has been assailed.

3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred who was negligent in driving the offending vehicle, who is liable to pay compensation etc., because the Tribunal has already recorded the findings in favour of the Appellants.None of those findings have been challenged at the instance of the Respondents i.e., owner/driver/ Insurance Company by filing cross-objection or cross appeal.In that view of the matter, it is not necessary to burden the judgment by detailing the facts on all these issue.

4. Shri Shankar Dingra learned Counsel for the Appellants submits that on account of the death of deceased, the bread earner of the family has lost, and the compensation awarded by the Tribunal is inadequate without due assessment of earning, dependency and the proper multiplier has not been applied properly in assessing the loss of dependency.In conventional heads, the amount awarded is in lower side, which deserves to be enhanced.

5. Shri N.S.Tomar, learned Counsel appearing for the Respondent Insurance Company has relied upon the findings recorded by the Claims Tribunal and argued that the Award of compensation is just, proper and reasonable.

6. After going through the pleadings and evidence adduced by the parties, and the material available on record, it appears that the amount awarded by the learned Tribunal is on lower side and deserves enhancement, because the Tribunal has not properly assessed the income of the deceased and the multiplier applied is also not as per schedule specified under Section 163-A of the Motor Vehicles Act.In the conventional heads i.e.funeral, consortium, love and affection, loss of estate also the amount awarded is on lower side.Thus, after hearing and on considerations of all the aforementioned aspects.I am of the considered view that the Award passed by the Claims Tribunal deserves to be enhanced by र 1,40,400/- and is hereby enhanced.

7. In view of the aforesaid, this appeal is allowed in part and the Appellants are held entitled to receive total sum of र 1,40,400/- in addition to the amount of compensation already awarded by the Tribunal without affecti

ng the direction of the Tribunal regarding depositing the amount of compensation and liability.The enhanced amount shall carry interest @ 6% per annum from the date of application till its realization.In the facts and circumstances of the case parties are directed to bear their own costs. JUNE504 Appeal partly allowed.