Impugned award passed by Tribunal is modified and compensation awarded enhanced

Motor Vehicles Act, 1988 Section 173 Uttar Pradesh Motor Vehicles Rules, 1998, Rule 220A (3) - Fatal Accident - Compensation awarded by MACT - Appeal against seeking enhancement of compensation - Deceased left behind three dependants - Tribunal rightly deducted one-third towards personal expenses of deceased - To determine total loss of dependency, Tribunal has applied a multiplier of '8' - Deceased on date of his death was aged fifty-seven and a half years - In accordance with law laid down in case reported in (2009) 6 SCC 121, for age group 56-60 years, applicable multiplier is '9' - It is not '8' - Tribunal adopted a lower multiplier than that applicable - As per Rule 220-A(3) of Rules 1998 considering age of deceased, which is more than 50 years, 20% is to be added to his income towards future prospects - Awarded compensation under conventional heads, as determined by Tribunal, is erroneous and same needs to be modified - High Court proceeds to work out same as follows - Monthly Income (of deceased) Rs. 4914/-, Monthly Income+Future Prospects Rs. 5897/- - Annual Income 5897x12 Rs. 70,764/- - Annual Dependency after deducting 1/3 works to Rs. 47176/- - Multiplier of 9 applicable - In addition, Rs. 70000/- awarded towards loss of estate, funeral expenses and consortium - Thus, total compensation works to Rs. 574584/- - Impugned award passed by Tribunal is modified and compensation awarded enhanced to Rs. 5,74,584/- alongwith interest at rate of 7% per annum - Appeal is allowed in part. (Allahabad)